HORNER v. KENTUCKY HIGH SCHOOL ATHLETIC ASS'N

No. 93-5191.

43 F.3d 265 (1994)

Lorie Ann HORNER; Jennifer Baker; Juliane Brown; Leslie Burgett; Angela Chaffin; Tracy Dotson; Jacqueline Elston; Amy Hacker; Elizabeth Suzanne Hartlage; Kelly Johnson; Barrie Wagers; and Mary Christine Whitelock, by and through their next friends, Plaintiffs-Appellants, v. KENTUCKY HIGH SCHOOL ATHLETIC ASSOCIATION and Kentucky State Board for Elementary and Secondary Education, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 22, 1994.

Rehearing and Suggestion for Rehearing Denied March 10, 1995.


Attorney(s) appearing for the Case

Donald E. Armstrong, Jr. (argued and briefed), Smith & Armstrong, Louisville, KY, for plaintiffs-appellants.

Danny C. Reeves (argued and briefed), Phillip Scott, Kenneth A. Jackson, Greenebaum, Doll & McDonald, Lexington, KY, for Kentucky High School Athletic Ass'n.

Robert E. Stopher (briefed), Palmer G. Vance, II, Patricia G. Tobin, Boehl, Stopher & Graves, Louisville, KY, for Kentucky State Bd. for Elementary and Secondary Educ.

Before: KEITH and BATCHELDER, Circuit Judges; and JOINER, District Judge.


Rehearing and Suggestion for Rehearing En Banc Denied March 10, 1995.

JOINER, District Judge, delivered the opinion of the court, in which KEITH, District Judge, joined. BATCHELDER, Circuit Judge (pp. 276-77), delivered a separate opinion dissenting in part.

JOINER, District Judge.

Plaintiffs are twelve female student athletes who participate in interscholastic girls' high school slow-pitch softball in Kentucky. Plaintiffs contend that defendants,...

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