KUBISZYN v. ALABAMA HIGH SCHOOL ATHLETIC ASS'N

78-380.

374 So.2d 256 (1979)

John J. KUBISZYN et al. v. ALABAMA HIGH SCHOOL ATHLETIC ASS'N et al.

Supreme Court of Alabama.

Rehearing Denied August 31, 1979.


Attorney(s) appearing for the Case

E. H. Hawkins of Dishuck & Hawkins, Tuscaloosa, for appellants.

Richard D. Horne, Mobile, for Alabama Civil Liberties Union, amicus curiae in support of appellants.

Oakley Melton, Jr. of Melton & Espy, Montgomery, for appellees Alabama High School Athletic Assn. and Herman L. Scott.

Sam M. Phelps of Phelps, Owens, Jenkins & Gibson, Tuscaloosa, for Tuscaloosa City Bd. of Ed., appellee.


PER CURIAM.

This is an appeal by the plaintiffs from an order of the Circuit Court of Tuscaloosa County dismissing their complaint which questioned the constitutionality of Rule I, Section 5 of the By-Laws of the Alabama High School Athletic Association.

Rule I, Section 5, provides:

"`Section 5. Any member of a high school athletic team who participates in an athletic contest as a member of a similar team the same season shall be ineligible to compete...

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