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KELLEY v. BOARD OF TRUSTEES

No. 93-3205.

35 F.3d 265 (1994)

William M. KELLEY, Joseph S. Rossi, Robert E. Sims, et al., Plaintiffs-Appellants, v. BOARD OF TRUSTEES, University of Illinois, Morton W. Weir, Ronald E. Guenther, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 1, 1994.

Rehearing Denied October 5, 1994.

Attorney(s) appearing for the Case

John H. Otto (argued), John Gadau, Zimmerly, Gadau, Selin & Otto, Champaign, IL, for plaintiffs-appellants.

James C. Kearns (argued), Fred K. Heinrich, Heyl, Royster, Voelker & Allen, Urbana, IL, for defendants-appellees.

Ellen J. Vargyas, Deborah L. Brake, National Women's Law Center, Washington, DC, for amicus curiae, National Women's Law Center, Cal. Women's Law Center, National Ass'n for Girls and Women in Sport, National Softball Coaches Ass'n, N.W. Women's Law Center, Now Legal Defense and Educ. Fund, Trial Lawyers for Public Justice, Women's Sports Foundation.

James P. Turner, Asst. Atty. Gen., Jessica Dunsay Silver, Linda F. Thome, Dept. of Justice, Civ. Rights Div., Appellate Section, Washington, DC, for amicus curiae, U.S.

Daniel V. Kinsella, Burditt & Radzius, Chicago, IL, for amicus curiae, College Swimming Coaches Ass'n of America, National Interscholastic Swimming Coaches Ass'n of America, American Swimming Coaches Ass'n, Ill. Swimming Ass'n, National Wrestling Coaches Ass'n, U.S. Swimming.

Before CUMMINGS, FLAUM and KANNE, Circuit Judges.

Rehearing En Banc Denied October 5, 1994.

CUMMINGS, Circuit Judge.

On May 7, 1993, the University of Illinois announced that it intended to terminate four varsity athletic programs, including the men's swimming program, effective July 1, 1993. On May 25, 1993, the plaintiffs, all members of the University of Illinois' men's swimming team prior to its termination, brought suit against the Board of Trustees of the University, its chancellor, athletic director...

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