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BENNETT v. WEST TEXAS STATE UNIVERSITY

No. 85-1429.

799 F.2d 155 (1986)

Tina BENNETT, Geneva McAfee, Deanne Robertson, Yvonne Berryhill, Arlene Bern and Diana Byrnes, Plaintiffs-Appellants, v. WEST TEXAS STATE UNIVERSITY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 5, 1986.

Attorney(s) appearing for the Case

Suzanne E. Meeker, Washington, D.C., Hoffman & Wheeler, Betty Wheeler, Amarillo, Tex., Nancy Duff Campbell, Marcia D. Greenberger, Washington, D.C., for plaintiffs-appellants.

Sedora R. Jefferson, Carla M. Crisford, Asst. Attys. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for defendants-appellees.

Before GEE, RANDALL, and DAVIS, Circuit Judges.

RANDALL, Circuit Judge:

Appellants, a class of female student athletes at West Texas State University, appeal from summary judgment. The class alleges sex discrimination in violation of Title IX of the Education Amendments of 1972 in the University's intercollegiate athletics program. The district court held, however, that Title IX coverage does not extend to the athletics program as it is not receiving federal financial assistance within the meaning of § 901...

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