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LANGSTON v. ACT

No. 88-7719.

890 F.2d 380 (1989)

Terry K. LANGSTON, a minor who sues By and Through his mother and next friend, Patricia LANGSTON, Plaintiff-Appellant, v. ACT a/k/a/ American College Testing Program; Ann York, Vice President of Operations Division of ACT; Dr. Richard Ferguson, Executive Vice President of ACT; Peg Dana, Assistant Vice President ACT Assessment Program, Services, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 13, 1989.

Attorney(s) appearing for the Case

Hugh A. Locke, Jr., Locke & Locke, Birmingham, Ala., for plaintiff-appellant.

Sally P. Paxton, Fulbright & Jaworski, Carl W. Vogt, Robert A. Burgoyne, Washington, D.C., for defendants-appellees.

N. Lee Cooper, Maynard, Cooper, Frierson & Gale, P.C., Birmingham, Ala., for ACT, Dick Ferguson, Ann York, Peg Dana.

Before JOHNSON and EDMONDSON, Circuit Judges, and PECKHAM, Senior District Judge.

JOHNSON, Circuit Judge:

This case arises on appeal from the district court's grant of summary judgment in favor of the defendant American College Testing Program ("ACT") on August 12, 1988.

I. FACTS

A. Background

Terry Langston ("plaintiff") was an outstanding football player at Gardendale High School in Gardendale, Alabama. He was heavily recruited by many colleges, including the University of Alabama. As part of the college admissions...

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