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BROWN v. WELLS

Nos. 42765 and 42768.

181 N.W.2d 708 (1970)

Harry J. BROWN, individually and as parent and natural guardian of James Brown, et al., Respondents, v. Jack WELLS, individually and as principal of Roosevelt High School, Appellant-Respondent, John B. Davis, Jr., individually and as Superintendent of Minneapolis Public Schools, et al., Respondents, Minnesota State High School League, Respondent-Appellant.

Supreme Court of Minnesota.

Rehearing Denied December 18, 1970.

Attorney(s) appearing for the Case

Korstad, Pokorny, Brophey & Easton, Minneapolis, for Jack Wells.

Katz, Taube, Lange & Frommelt and Emanuel Z. Kopstein, Minneapolis, for Harry J. Brown.

Lindquist & Vennum and Jerrold F. Bergfalk, Minneapolis, for John B. Davis, Jr.

LeVander, Zimpfer & Tierney, Minneapolis, Briggs & Morgan, Richard E. Kyle and Samuel L. Hanson, St. Paul, for Minn. State High School League.

Hackbert, Rooks, Pitts, Fullagar & Poust, and James T. Harrington, Chicago, Ill., Faegre & Benson, Korstad, Pokorny, Brophey & Easton, Minneapolis, Peterson & Popovich and Ivars Krafts, St. Paul, amicus curiae.

OPINION

MURPHY, Justice.

Appeal from a declaratory judgment by defendants Jack Wells and Minnesota State High School League, who contend that the trial court erred in determining that certain eligibility rules adopted by the League are invalid.

The action was brought by Harry J. Brown, individually, and as father of James Brown, a minor, age 16 at the time of trial, who is a student at Minneapolis Roosevelt High School and a member of the school...

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