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CURETON v. NATIONAL COLLEGIATE ATHLETIC ASS.

No. 00-1559.

252 F.3d 267 (2001)

Tai Kwan CURETON; Leatrice Shaw, each individually and on behalf of all others similarly situated; Alexander Wesby; Andrea Gardner, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Tai Kwan Cureton; Leatrice Shaw; Alexander Wesby; Andrea Gardner, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed May 16, 2001.

Attorney(s) appearing for the Case

Andre L. Dennis, Esquire (Argued) Danielle Banks, Esquire Stradley, Ronon, Steves & Young 2600 One Commerce Square Philadelphia, PA 19103 Adele P. Kimmel, Esquire Trial Lawyers for Public Justice, P.C. 1717 Massachusetts Avenue, N.W., Suite 800 Washington, D.C. 20036 J. Richard Cohen, Esquire Southern Poverty Law Center 400 Washington Avenue Montgomery, AL 36104, Attorneys for Appellants.

David P. Bruton, Esquire (Argued) Michael W. McTigue, Jr., Esquire Drinker, Biddle & Reath 18th & Cherry Streets One Logan Square Philadelphia, PA 19103-6996 Elsa Kircher Cole General Counsel National Collegiate Athletic Association 1802 Alonzo Watford Sr. Drive Indianapolis, IN 46202, Attorneys for Appellees.

Before: ROTH, McKEE and STAPLETON, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

This is a putative class action by African-American student-athletes challenging the minimum standardized test score requirement for freshman year varsity intercollegiate athletic participation. This suit began almost four years ago and has previously been before us on appeal. See Cureton v. National Collegiate Athletic Ass'n, 198 F.3d 107 (3d Cir.1999). In the instant appeal...

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