Jennifer ROBERTS; Julie Osborne; Janet Brumbelow; Laura Bielak; Sara Stout; Amy Recouper; Jennifer Jacobs; Malia Kuenzli; Stacie Stafford; Heather Nakasone; Kim Johnson; Aimee Rice; Lisa Mize, Plaintiffs-Appellees,
v.
COLORADO STATE BOARD OF AGRICULTURE, in its capacity as the entity charged with the general control and supervision of Colorado State University, Defendant-Appellant.
Colorado State University, Defendant.
Jennifer ROBERTS; Julie Osborne; Janet Brumbelow; Laura Bielak; Sara Stout; Amy Recouper; Jennifer Jacobs; Malia Kuenzli; Stacie Stafford; Heather Nakasone; Kim Johnson; Aimee Rice; Lisa Mize, Plaintiffs-Appellees,
v.
COLORADO STATE BOARD OF AGRICULTURE, in its capacity as the entity charged with the general control and supervision of Colorado State University, Defendant-Appellant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 7, 1993.
July 7, 1993.
Attorney(s) appearing for the Case
Timothy M. Tymkovich, Sol. Gen. (Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Paul Farley, Deputy Atty. Gen., Antony B. Dyl, First Asst. Atty. Gen., and William E. Thro, Asst. Atty. Gen., with him on the briefs), State of Colo., Denver, CO, for defendant-appellant.
John M. Kobayashi (Pamela A. Gagel and Karen E. Robertson, also of Kobayashi & Associates, Denver, CO, and Ellen J. Vargyas, National Women's Law Center, Washington, DC, with him on the brief), for plaintiffs-appellees.
Martin D. Schneiderman, Linda S. Stein, and Holly K. Kulka of Steptoe & Johnson, and Arthur H. Bryant of Trial Lawyers for Public Justice, Washington, DC, filed an amicus curiae brief on behalf of the Trial Lawyers for Public Justice and the National Ass'n for Girls and Women in Sport.
Before McKAY, Chief Judge, LOGAN and ANDERSON, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
LOGAN, Circuit Judge.
The Colorado State Board of Agriculture (SBA or defendant)1 appeals the decision of the district court finding that it violated Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688, and ordering it to reinstate the women's fast pitch softball team at Colorado State University (CSU) with all of the incidental benefits of a varsity team.
Plaintiffs, CSU students and former members of...
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