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BRENNAN v. BOARD OF TRUSTEES FOR UNIV. OF LOUISIANA SYSTEMS

No. 95 CA 2396.

691 So.2d 324 (1997)

John Patout BRENNAN v. BOARD OF TRUSTEES FOR UNIVERSITY OF LOUISIANA SYSTEMS.

Court of Appeal of Louisiana, First Circuit.

March 27, 1997.

Attorney(s) appearing for the Case

Murphy Foster, III, Baton Rouge, for Plaintiff-Appellee John Patout Brennan.

Cecilia Woodley, New Orleans, for Intervenor-Appellant National Collegiate Athletic Association.

Winston Decuir, Baton Rouge, for Defendant-Appellant Board of Trustees for the University of Louisiana Systems.

Before LOTTINGER, C.J., and SHORTESS, FOIL, GONZALES and FOGG, JJ.

LOTTINGER, Chief Judge.

Plaintiff, John Patout Brennan (Brennan), a student-athlete at the University of Southwestern Louisiana (USL), tested positive for drug use in the second of three random drug tests administered by the National Collegiate Athletic Association (NCAA). Brennan requested and received two administrative appeals in which he contended that the positive test results were "false" due to a combination of factors, including heavy drinking and sexual activity...

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