UNITED STATES COURT OF APPEALS
Filed 1/6/97
TENTH CIRCUIT
EUGENE T. FOUST,
Plaintiff-Appellant,
and
MARY ANN JOHNSON FOUST, and
MARGARET ANN JOHNSON, an alleged
deprived child,
No. 95-5046
Plaintiffs, (D.C. No. 92-C-909-C)
(N.D. Okla.)
v.
ORAL ROBERTS UNIVERSITY; ORAL
ROBERTS; RICHARD ROBERTS; CLARENCE
BOYD; MICHAEL YOAKUM; SCOTT SMITH;
GARY L. GIBSON; LARRY JOHNSON; and
GINA M. CHOROST,
Defendants-Appellees.
ORDER AND JUDGMENT *
Before BRORBY, EBEL and KELLY, Circuit Judges.
*
This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore
ordered submitted without oral argument.
Mr. Foust is a pro se civil litigant. Mr. Foust filed this action and appealed
an adverse decision granting defendants summary judgment. We affirmed in an
unpublished decision. See Foust v. Oral Roberts University, No. 93-5169 (10th
Cir. Apr. 5, 1994).
Mr. Foust then returned to district court and filed a motion to remand this
case to the state court system. The district court denied the motion, and Mr. Foust
now appeals.
The law of the case bars this appeal. The decision of the district court is
AFFIRMED.
Entered for the Court
WADE BRORBY
United States Circuit Judge
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