Birnbaum v. Trussell

I concur in the result.

It cannot strictly be said that Dr. Birnbaum's complaint claims that he was *680denied a hearing. It appears that he declined to attend a hearing unless he was furnished with a copy of the charges against him. In view of the fact that the charges had received a wide airing and had been the subject of discussion between Dr. Birnbaum and various of his superiors, it is difficult to believe that Dr. Birnbaum was seriously prejudiced by the refusal to provide him with a copy. He could have attended the scheduled hearing and, if any of the charges or of the testimony against him…