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GOMES v. RHODE ISLAND INTERSCHOLASTIC LEAGUE

No. 79-1181.

604 F.2d 733 (1979)

Donald M. GOMES, Plaintiff, Appellee, v. RHODE ISLAND INTERSCHOLASTIC LEAGUE, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 31, 1979.

Attorney(s) appearing for the Case

Robert B. Mann, Providence, R. I., with whom Mann & Roney, James J. McAleer, Albert B. West, and Manning, West, Santaniello & Pari, Providence, R. I., were on brief, for appellants.

Robert D. Parrillo, Providence, R. I., with whom Hanson, Curran & Parks, Providence, R. I., was on brief, for appellee.

John G. Poust, Wayne F. Flaza, Margaret S. Garvey, and Rooks Pitts, Fullagar & Poust, Chicago, Ill., on brief for The National Federation of State High School Athletic Associations, amicus curiae.

Drew S. Days, III, Asst. Atty. Gen., Jessica Dunsay Silver, and Joan F. Hartman, Attys., Dept. of Justice, Washington, D. C., on brief for the United States of America, amicus curiae.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Donald M. Gomes, a volleyball enthusiast who had played on an all-male volleyball team at his high school in Pennsylvania, was excluded from interscholastic competition when he transferred to Rogers High School in Newport, Rhode Island, for his senior year. Rogers' only volleyball team was all-female and played in competition under the auspices of the defendant, the Rhode Island Interscholastic League. The League provides interscholastic...

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