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KITE v. MARSHALL

Civ. A. Nos. H-78-1171, H-80-313.

494 F.Supp. 227 (1980)

Robert KITE, as next friend of Greg Kite, Plaintiff, Rudy Tomjanovich and David W. Cowens' Basketball School, Inc., and Del Harris, as next friend of Larry Harris and Alex Harris, Intervenors, v. Bailey MARSHALL, Individually and as Director, University Interscholastic League; Jerry S. Williams, Individually and as Chairman, University Interscholastic League; Lynn F. Anderson, Betty Thompson, Ray Williams, Lynn W. McGraw, and William Farney, each Individually and as members of the Executive Committee, University Interscholastic League, Defendants. Robert H. LACKNER, Individually and as next friend of Mark Lackner, Plaintiff, v. Bailey MARSHALL, Individually and as Director, University Interscholastic League; Jerry S. Williams, Individually and as Chairman, University Interscholastic League; Lynn F. Anderson, Betty Thompson, Ray Williams, Lynn W. McGraw, and William Farney, each Individually and as members of the Executive Committee, University Interscholastic League; Raul Besteiro, Jr., Superintendent of the Brownsville Independent School District; Raul Saenz, Chairman of the District Executive Committee 16-AAA of the University Interscholastic League, and its other members, Defendants.

United States District Court, S. D. Texas, Houston Division.

July 18, 1980.

Attorney(s) appearing for the Case

Dean H. Steffey, Houston, Tex., for plaintiff.

David C. Garza, Brownsville, Tex., for plaintiff/intervenors.

Robert Gauss, Asst. Atty. Gen., Austin, Tex., for defendants.

MEMORANDUM AND ORDER

CIRE, District Judge.

This action presents a constitutional challenge to the "summer camp rule" adopted by the Defendant University Interscholastic League (UIL). Subject matter jurisdiction exists pursuant to 28 U.S.C. § 1343(3). The Plaintiffs ask this Court to hold Article VIII, Section 21 of the UIL's Constitution and Contest Rules unconstitutional. That rule provides:

"Training Camps. — Any student who...

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