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WILEY v. NAT. COLLEGIATE ATHLETIC ASS'N

Nos. 76-1985 to 76-1987.

612 F.2d 473 (1979)

Clifford WILEY, Plaintiff-Appellee, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided December 17, 1979.

Attorney(s) appearing for the Case

Donald Patterson, of Fisher, Patterson, Sayler & Smith, Topeka, Kan. (with George H. Gangwere and Robert W. McKinley, of Swanson, Midgley, Gangwere, Thurlo & Clarke, Kansas City, Mo., on the brief), for defendant-appellant National Collegiate Athletic Ass'n. (and on the brief Robert E. Northrip, of Shook, Hardy & Bacon, Kansas City, Mo., and Richard L. Roberts, of Lowe, Terry & Roberts, Olathe, Kan.), for defendant-appellant Big 8 Conference.

Phillip A. Miller, Douglas County Legal Aid Society, Olathe, Kan., for plaintiff-appellee Clifford Wiley.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, DOYLE, McKAY, and LOGAN, Circuit Judges.

McKAY, Circuit Judge.

Wiley was a student-athlete at the University of Kansas. Coming from a desperately poor background, he sought to meet his education costs through a federal Basic Education Opportunity Grant (BEOG) pursuant to 20 U.S.C. § 1070a. He was awarded $1400 for the 1975-76 school year. In addition, he received an athletic scholarship from the University of Kansas in the amount of $2621. In the spring of 1976, plaintiff was declared ineligible to...

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