# North v. Budig

> Court of Appeals for the Fourth Circuit · January 9, 1981 · 637 F.2d 246

URL: https://www.frixlaw.com/law-library/cases/8912539

## Case

- **Full name:** Charles W. NORTH v. Gene A. BUDIG, President, West Virginia University Joseph C. Gluck, Harold J. Shamberger, Andrew L. Clark, Earle T. Andrews, Amos A. Bolen, F. L. Blair, Sue Seibert Farnsworth, Paul J. Gilmer, Edward H. Greene, Russell L. Isaacs, Albert M. Morgan, I. D. Peters, Daniel B. Taylor, Perry F. Watson, III, Ben L. Morton, John E. Amos, Frederick P. Stamp, Jr., Okey L. Patterson, Elizabeth H. Gilmore, David B. Dalzell, Appellees Charles W. NORTH v. Gene A. BUDIG, President of West Virginia University Joseph C. Gluck Harold J. Shamberger Andrew L. Clark Earle T. Andrews Amos A. Bolen F. L. Blair Sue Seibert Farnsworth Paul J. Gilmer Edward H. Greene Russell L. Isaacs Albert M. Morgan I. D. Peters Daniel B. Taylor Perry F. Watson, III Ben L. Morton John E. Amos Frederick P. Stamp, Jr. Okey L. Patterson Elizabeth H. Gilmore and David B. Dalzell
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** January 9, 1981
- **Citations:** 637 F.2d 246
- **Precedential status:** Published
- **Opinion:** Concurrence by Murnaghan
- **Judges:** Bryan, Hall, Murnaghan
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8912539

## Opinion text

MURNAGHAN, Circuit Judge,
concurring:
With all that Judge Hall has written, I am in agreement. My filing of a concurring opinion is simply to amplify the provision for retaining jurisdiction appearing at the end of the opinion. Among other authority not precluded by any provision of or implication deriving from our opinion, would be the power of the United States district court to enter an order requiring that North not seek to compel issuance by the University to him of a certificate of graduation, decree, diploma, or other similar document, unless and until the state court finally vacates and voids the second expulsion of June, 1977.
North had been granted admission as a student to the University, and so the automatic statutory stay entitled him to reinstatement to the student status. North, however, has never enjoyed the status of a graduate, and the expulsion disqualified him from achieving it. Maintenance of the status quo, pending resolution of the litigation in the state courts, calls for denial of a certificate, decree, diploma, or similar document unless and until the disqualification of North is ended by the ultimate outcome of the law suit.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8912539. Public record. Not legal advice.