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KITE v. MARSHALL

No. 80-1847.

661 F.2d 1027 (1981)

Robert KITE, as next friend of Greg Kite, Plaintiff, Dell Harris, as next friend of Larry Harris, et al., Intervenors-Appellees, v. Bailey MARSHALL, Individually and as Director, University Interscholastic League, et al., Defendants-Appellants. Robert H. LACKNER, Individually and as next friend of Mark Lackner, Plaintiff-Appellee, v. Bailey MARSHALL, Individually and as Director, University Interscholastic League, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 23, 1981.

Attorney(s) appearing for the Case

Robert W. Gauss, Asst. Atty. Gen., Austin, Tex., for defendants-appellants.

Hellums & Steffey, Dean H. Steffey, Houston, Tex., for Del Harris, etc.

Garza & Garza, David C. Garza, Brownsville, Tex., T. Gerald Treece, Houston, Tex., for Robert H. Lackner, etc.

Before BROWN, GEWIN and POLITZ, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 23, 1981.

POLITZ, Circuit Judge:

These consolidated actions challenge the validity of Section 21 of Article VIII of the Constitution and Contest Rules of the University Interscholastic League (UIL) of Texas. The challenged section suspends for one year the varsity athletics eligibility of any high school student who attends certain training camps.1 The district court,

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