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MORRIS v. MICHIGAN STATE BOARD OF EDUCATION

No. 72-1578.

472 F.2d 1207 (1973)

Cynthia MORRIS, by Dr. Joe D. Morris, her next friend, et al., Plaintiffs-Appellees, v. MICHIGAN STATE BOARD OF EDUCATION, a Michigan State Agency, Defendant-Appellee, Michigan High School Athletic Association, a private, voluntary, unincorporated association of Michigan High Schools, and South Central Conference, a voluntary unincorporated conference of certain Michigan High Schools, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 25, 1973.

Attorney(s) appearing for the Case

Roscoe O. Bonisteel, Jr., Ann Arbor, Mich., for appellants.

Lawrence W. Sperling, Ypsilanti, Mich., for appellees; DeVine & DeVine by John B. DeVine, Ann Arbor, Mich., on briefs for Board of Education of the Public Schools of the City of Ann Arbor; Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Eugene Krasicky, Patrick Kowaleski, Asst. Attys. Gen., Lansing, Mich., on briefs for Mich. State Board of Education.

Before EDWARDS and LIVELY, Circuit Judges, and CECIL, Senior Circuit Judge.

EDWARDS, Circuit Judge.

This case arose out of the desire of two high school girls from the Ann Arbor Union High School tennis team to participate in interscholastic tennis matches representing their school. The regulation which prohibits their doing so was adopted by the Michigan High School Athletic Association and said in part:

Girls are not to engage in interscholastic athletic contests when part or all of the membership of one or both of the competing...

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