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ALERDING v. OHIO HIGH SCHOOL ATHLETIC ASS'N

No. 84-3787.

779 F.2d 315 (1985)

F. Dennis ALERDING, individually and as next friend of Dennis C. Alerding, a minor; and Roger H. Moellering, individually and as next friend of David R. Moellering, Douglas R. Moellering and Gregory R. Moellering, minors, Plaintiffs-Appellants, v. OHIO HIGH SCHOOL ATHLETIC ASSOCIATION; Richard L. Armstrong, Commissioner, Ohio High School Athletic Association and St. Xavier High School, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 17, 1985.

Attorney(s) appearing for the Case

John E. Lange, III, Harold F. Simms — Lead Counsel, Lange, Quill & Powers, P.S.C., Newport, Ky., Jerome C. Randolph argued, Keating, Muething & Klekamp, Cincinnati, Ohio, for plaintiffs-appellants.

Robert W. Healey argued, Gary D. Bullock, Cincinnati, Ohio, for defendants-appellees.

Before ENGEL and KRUPANSKY, Circuit Judges; and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge.

The question presented upon appeal is whether a bylaw of the Ohio High School Athletic Association (hereinafter OHSAA) barring nonresident students from participation in Ohio interscholastic sports violates the Privileges and Immunities Clause of the United States Constitution. Article IV, § 2, cl. 1. For the reasons stated below, we hold that the subject bylaw does not violate the guarantees of the Privileges and Immunities...

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