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ALBACH v. ODLE

No. 75-1137.

531 F.2d 983 (1976)

John ALBACH, as next friend and guardian of John R. Albach, a minor, et al., Appellants, v. James ODLE, Individually and as Executive Secretary of the New Mexico Activities Association, et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 25, 1976.

Attorney(s) appearing for the Case

John W. Boyd, Albuquerque, N. M. (David A. Freedman and Thomas Horn, Albuquerque, N. M., for American Civil Liberties Union with him on the brief), for appellants.

Byron Caton, Caton & Hynes, Farmington, N. M., for appellees.

Before SETH, HOLLOWAY and DOYLE, Circuit Judges.

PER CURIAM.

This appeal seeks to test the application of transfer rules adopted by the New Mexico Activities Association. The rules automatically bar from interscholastic high school athletic competition for one year any student who transfers from his home district to a boarding school or from a boarding school to his home district. Jurisdiction is premised on 28 U.S.C. § 1343 and 42 U.S.C. § 1983.

The trial court dismissed the complaint on various...

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