FISCHBACH v. NEW MEXICO ACTIVITIES ASS'N

No. 93-2251.

38 F.3d 1159 (1994)

Craig FISCHBACH; Rose Fischbach, as his parent and next friend, Plaintiffs-Appellees, v. NEW MEXICO ACTIVITIES ASSOCIATION, Defendant-Appellant, National Federation of State High School Associations, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

November 10, 1994.


Attorney(s) appearing for the Case

Margaret E. Davidson (and Nikki J. Mann of Keleher & McLeod, and Eleanor K. Bratton of Modrall, Sperling, Roehl, Harris & Sisk, with her on the brief), Albuquerque, NM, for plaintiffs-appellees.

Robert M. Hall (Douglas W. Decker with him on the brief) of Payne, Hall & Poulson, Albuquerque, NM, for defendant-appellant.

Maurice A. Watson and Shelley Freeman of Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, MO, for amicus curiae.

Before KELLY and HENRY, Circuit Judges, and VAN BEBBER, District Judge.


PAUL KELLY, Jr., Circuit Judge.

Defendant-appellant New Mexico Activities Association ("NMAA") appeals a district court order preliminarily enjoining it from precluding Plaintiff-appellee Craig Fischbach's participation in interscholastic sports. This action, however, has ceased to be a case or controversy as required by Article III of the United States Constitution. We are thus without jurisdiction and we dismiss the appeal as moot.

Background

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