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BURTT v. ATHLETIC ASSN

101 Misc.2d 468 (1979)

In the Matter of Scott Burtt et al., Petitioners, v. Nassau County Athletic Association, Section VIII of the New York State Public High School Athletic Association, Inc., et al., Respondents.

Supreme Court, Special Term, Nassau County.

October 22, 1979.

Attorney(s) appearing for the Case

John M. Kilgallon for petitioners. McGivern, Shaw & O'Connor for respondents.

JAMES F. NIEHOFF, J.

In this proceeding under CPLR article 78, petitioners seek judgment requiring respondents to permit them to participate in varsity interscholastic football competition during the 1979 season as members of the Levittown Memorial High School team.

The petitioners are former members of the class which graduated from the high school in June, 1979 and have been required to repeat certain courses by reason of their having received...

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