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SPATH v. NATIONAL COLLEGIATE ATHLETIC ASS'N

No. 84-1005.

728 F.2d 25 (1984)

Robert SPATH, Plaintiff, Appellee, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 23, 1984.

Attorney(s) appearing for the Case

John C. Wyman, Boston, Mass., with whom Barry L. Corman, Roche, Carens & DeGiacomo, Boston, Mass., George H. Gangwere, and Swanson, Midgley, Gangwere, Clarke & Kitchin, Kansas City, Mo., were on brief, for defendants, appellants.

Gary M. Feldman, Boston, Mass., with whom Richard J. Grahn, and Moulton, Looney & Grossman, Boston, Mass., were on brief, for plaintiff-appellee.

Before COFFIN and ALDRICH, Circuit Judges, and GIGNOUX, Senior District Judge.

BAILEY ALDRICH, Senior Circuit Judge.

Robert Spath, a senior and fourth year student at the University of Lowell on an "athletic scholarship," was ready to play on the Lowell ice hockey team when, on or about November 18, 1983 Lowell told him he could not. The reason was that the National Collegiate Athletic Association (NCAA), of which Lowell is a member, limits participation in intercollegiate competition to four years,...

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