Kondos v. West Virginia Board of Regents, 71-1002.

Citation441 F.2d 1172
Decision Date27 May 1971
Docket NumberNo. 71-1002.,71-1002.
PartiesPeter KONDOS, Appellant, v. The WEST VIRGINIA BOARD OF REGENTS, a Statutory Corporation Under the Laws of the State of West Virginia, and Roland H. Nelson, Jr., Appellees.
CourtU.S. Court of Appeals — Fourth Circuit

Thomas E. Medeiros, Huntington, W. Va., on the brief for appellant.

Chauncey H. Browning, Jr., Atty. Gen., Cletus B. Hanley, Deputy Atty. Gen., and Joseph E. Hodgson, Asst. Atty. Gen., on the brief, for appellees.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Senior Circuit Judge, and BOREMAN, Circuit Judge.

PER CURIAM:

After review of the records and consideration of the briefs, we find oral argument unnecessary.

The dismissal of the contractual claims was proper for the reasons stated by the District Judge. 318 F.Supp. 394 (S.D. W.Va.1970).

Affirmed.

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8 cases
  • Hughes-Bechtol, Inc. v. W. Va. Bd. of Regents
    • United States
    • U.S. District Court — Southern District of Ohio
    • December 4, 1981
    ...and was subjected to diversity jurisdiction in Kondos v. West Virginia Board of Regents, 318 F.Supp. 394 (S.D.W.Va.1970), aff'd, 441 F.2d 1172 (4th Cir. 1971) The principle is well settled that a state may not be considered a citizen in order to establish diversity jurisdiction. In Postal T......
  • Pittsburgh Elevator Co. v. West Virginia Bd. of Regents
    • United States
    • West Virginia Supreme Court
    • June 30, 1983
    ...Myers Contracting Corp., 146 W.Va. 130, 118 S.E.2d 622 (1961); Kondos v. Board of Regents, 318 F.Supp. 394 (S.D.W.Va.1970), aff'd, 441 F.2d 1172 (4th Cir.1971); quasi-public corporations which have no taxing power or dependency upon the State for their financial support have been held not t......
  • Manchin v. Browning
    • United States
    • West Virginia Supreme Court
    • July 15, 1982
    ...he acted willfully, maliciously or corruptly, Kondos v. West Virginia Board of Regents, 318 F.Supp. 394 (S.D.W.Va.1970), aff'd., 4th Cir., 441 F.2d 1172, so this case poses no personal threat to Mr. Furthermore, the West Virginia Code gives the Secretary of State no policy-making authority.......
  • West Virginia Univ. Bd. of Governors v. Rodriguez
    • United States
    • U.S. District Court — Northern District of West Virginia
    • February 11, 2008
    ...by the law of West Virginia." 737 F.2d at 543. Kondos v. West Virginia Board of Regents, 318 F.Supp. 394 (S.D.W.Va.1970), aff'd, 441 F.2d 1172 (4th Cir.1971), was an action by a former football coach at Marshall University for breach of contract and libel and slander. The district court dis......
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