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BENNER v. OSWALD

No. 78-1338.

592 F.2d 174 (1979)

Drianne BENNER, Jeffrey Glazier, James Scarantino, Anne Ziminski, Charles J. Zito, Appellants, v. John W. OSWALD, President of Pa. State University, Milton J. Shapp, Governor of the Commonwealth of Pa., Kent Shelhammer, Secy. of Agriculture of C. of Pa., Caryl Kline, Secy. of Education of the C. of Pa., Maurice K. Goddard, Secretary of Environmental Resources, C. of Pa., Harry Boyer, Helen Davies, Joseph Rhodes, Jr., Robert L. Ruttenberg, Dion C. Stewart, William K. Ulerich, H. Jesse Arnelle, Marian U. Barash, Walter J. Conti, Barbara H. Franklin, Ralph Hetzel, Kenneth L. Holderman, Charles W. Shaeffer, Helen Wise, J. Lin Huber, John M. Phillips, John R. Pitzer, Jr., Luther Snyder, Harry R. Ulrich, J. Lewis Williams, H. Thomas Hallowell, Jr., Samuel F. Hinkle, John L. Romig, Stanley G. Schaffer, G. Albert Shoemaker, and Quentin E. Wood.

United States Court of Appeals, Third Circuit.

Decided January 24, 1979.

Attorney(s) appearing for the Case

Alan B. Morrison, Diane B. Cohn, Washington, D. C., Thomas B. Schmidt, III, Harrisburg, Pa., for appellants.

Delbert J. McQuaide, R. Mark Faulkner, McQuaide, Blasko & Brown, Inc., State College, Pa., for appellees.

Before ALDISERT and HUNTER, Circuit Judges and STEEL, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question is whether the equal protection clause of the fourteenth amendment requires undergraduate student participation in the election of certain members of the Pennsylvania State University (Penn State) board of trustees. The district court ruled that the students had no such right. They have appealed. Finding no error, we affirm.

All material facts are...

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