The appeal against the denial of preliminary injunction in the case of Kristopher K. Kilgore was withdrawn Thursday before the case could go to trial.

Kilgore filed a lawsuit against SIUC and the SIU School of Law in 1996 after his application to the School was rescinded by Thomas Guernsey, dean of the School of Law.

Kilgore received a letter from Guernsey on Aug. 26, 1996 stating that his application was rescinded on the grounds that Kilgore had not disclosed a 1991 conviction that caused a warrant for his arrest.

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Alfred Sanders, Kilgore’s attorney, said that the School of Law agreed to wave the defense under the agreement that Kilgore would forgo the appeal made against the 1996 Jackson County decision made by Judge Kimberly H. Dahlen.

Kilgore withdrew his appeal Thursday, one day prior to when the case would have gone to the state appellate court in Mount Vernon.

Kilgore has also filed a damage suit against the School of Law on the grounds of violation of civil rights, breach of contract and conversion of property.

“Kilgore attended the School of Law for three semesters before his application was rescinded,” Sanders said. “The School of Law kept the tuition paid by Kilgore and transferred Kilgore’s credits and grades from the School of Law to the general University transcript. As a result, Kilgore’s credits from the School of Law will not transfer to another law school.”

Court records stated Kilgore said that Guernsey made the decision not to reinstate him, even though Guernsey did not attend a closed hearing to settle the dispute, Sept. 11, 1996.

Sanders said that the hearing was held in an attempt to get Kilgore reinstated and to settle the contention over the alleged warrant for the arrest of Kilgore.

“I made the final decision upon Kilgore based on the recommendation by the faculty hearing committee that Kilgore be removed from the school,” Guernsey said.

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According to Guernsey, there is a series of disciplinary, ethical and academic rules for the School of Law. A violation of these rules can result in action such as the ones taken against Kilgore.

Although Guernsey said that Eugene Basanta, associate dean of the School of Law, could provide more information on the case, Basanta said he could not talk in detail about the specifics of the case because it is presently in litigation.”

Rhode contents the action the law school took was clearly acceptable.

“The action taken was in accordance with the agreement stated on the application, which Kilgore signed,” Rhode said. “The agreement stated that false representation of information could result in the application being rescinded.”

The damage suit, filed on the ground of violation of civil rights, breach of contract and conversion of property, against the School of Law is pending according to Sanders.