NATIONAL COLLEGIATE ATHLETIC ASS'N v. CALIFANO

No. 78-1632.

622 F.2d 1382 (1980)

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of the United States Department of Health, Education and Welfare, Defendant-Appellee, Association for Intercollegiate Athletics for Women; National Education Association and United States National Student Association, Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 17, 1980.


Attorney(s) appearing for the Case

Eben G. Crawford (William D. Kramer, Washington, D. C., with him on brief) of Squire, Sanders & Dempsey, Cleveland, Ohio (John J. Jurcyk, Jr. of McAnany, Van Cleave & Phillips and George H. Gangwere of Swanson, Midgley, Gangwere, Thurlo & Clarke, Kansas City, Mo., of counsel), for plaintiff-appellant.

Linda M. Cole, Atty., Civil Division, Appellate Staff, Dept. of Justice (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C.; James P. Buchele, U. S. Atty., Kansas City, Kan., Leonard Schaitman and Michael Kimmel, Attys., Civil Division, Appellate Staff, Dept. of Justice, Washington, D. C., on brief), for defendant-appellee.

Margaret Polivy (Katrina Renouf, with her on brief) of Renouf, McKenna & Polivy, Washington, D. C., for defendant-intervenor-appellee Ass'n for Intercollegiate Athletics for Women.

Margaret A. Kohn, Nancy Duff Campbell and Marcia D. Greenberger, of Center for Law & Social Policy, Washington, D. C. (Judith L. Lichtman of Women's Legal Defense Fund, Washington, D. C., of counsel), for defendants-intervenors-appellees Nat. Ed. Ass'n and U. S. Nat. Student Ass'n.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.


BARRETT, Circuit Judge.

The plaintiff, National Collegiate Athletic Association (NCAA), appeals from an adverse judgment entered after the District Court granted motions to dismiss the amended complaint. The issue presented is whether the NCAA has standing to sue on the amended complaint.

The NCAA is an unincorporated association of several hundred colleges and universities. Among its stated purposes are to "initiate, stimulate and improve intercollegiate...

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