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POTTGEN v. MISSOURI ST. HIGH SCH. ACTIVITIES ASS'N

No. 94-2324.

40 F.3d 926 (1994)

Edward Leo POTTGEN, Appellee, v. The MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, Appellant. National Federation of State High School Associations; Iowa High School Athletic Association; Nebraska School Activities Association; South Dakota High School Activities Association, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided November 16, 1994.

Rehearing and Suggestion for Rehearing Denied January 24, 1995.

Attorney(s) appearing for the Case

Mallory V. Mayse, Columbia, MO, argued, for appellant.

Kenneth M. Chackes, St. Louis, MO, argued (John T. Murray, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN and BEAM, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 24, 1995.*

BEAM, Circuit Judge.

The Missouri State High School Activities Association (hereinafter "MSHSAA") appeals the issuance of a preliminary injunction which restrains it from enforcing its age limit for interscholastic sports against Edward Leo Pottgen. Pottgen repeated two grades in elementary school due to an undiagnosed learning disability. By his senior year...

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