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ROWLEY v. MEMBERS OF BD. OF EDUC. OF ST. VRAIN VALLEY SCH. D.

Nos. 87-2418, 87-2448.

863 F.2d 39 (1989)

Patrick ROWLEY, an underage male by Robert ROWLEY, his father and next friend, Plaintiff-Appellee, v. MEMBERS OF THE BOARD OF EDUCATION OF the ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J, in their official capacities as members of the Board of Education; and the Colorado High School Activities Association, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Order Granting Motion to Dismiss February 13, 1989.

Attorney(s) appearing for the Case

Alexander Halpern (Gerald A. Caplan and Joy Fitzgerald with him on the brief) of Caplan and Earnest, Boulder, Colo., for defendant-appellant Colorado High School Activities Ass'n.

Richard N. Lyons of Grant, Bernard, Lyons & Gaddis, Longmont, Colo., for defendant-appellant Members of the Bd. of Educ. of the St. Vrain Valley School Dist. RE-1J.

Sharon E. Caulfield (James L. Harrison with her on the brief), of Davis, Graham & Stubbs, Denver, Colo., for plaintiff-appellee.

Before MCKAY and BALDOCK, Circuit Judges, and O'CONNOR, District Judge.

MCKAY, Circuit Judge.

The Members of the Board of Education of the St. Vrain Valley School District and the Colorado High School Activities Association (CHSAA) appeal the Colorado district court's order granting plaintiff's motion for preliminary injunction.

At the time of the hearing on plaintiff's motion for preliminary injunction, plaintiff was a sophomore1 at Erie High School, a four-year high school within the St. Vrain Valley...

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