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HAMILTON CH. OF ALPHA DELTA PHI v. HAMILTON COLLEGE

No. 702, Docket 96-7599.

128 F.3d 59 (1997)

HAMILTON CHAPTER OF ALPHA DELTA PHI, INC., Alumni Association of Psi Chapter of Psi Upsilon, Inc., Beta of Sigma Phi Society, Inc., and Delta Kappa Epsilon Society of Hamilton College, Plaintiffs-Appellants, v. HAMILTON COLLEGE and Eugene M. Tobin, President of Hamilton College, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 10, 1997.

Attorney(s) appearing for the Case

Clark R. Silcox, Washington, DC (Cheryl M. Browning, Steele Silcox & Browning, Washington, DC, on the brief), for Plaintiffs-Appellants.

David M. Lascell, Rochester, NY (John R. Simon, Hallenbeck, Lascell, Norris & Zorn, Rochester, NY, Robert B. Bell, Wiley Rein & Fielding, Washington, DC, on the brief), for Defendants-Appellees.

Before: KEARSE and JACOBS, Circuit Judges, and GLEESON, District Judge.

GLEESON, District Judge:

Four Hamilton College fraternities brought this action against Hamilton College ("Hamilton") and its president, Eugene M. Tobin, alleging a violation of Section 2 of the Sherman Act, 15 U.S.C. § 2. The fraternities challenge Hamilton's residential policy, which requires all of its students to live in college housing and participate in a college meal plan. According to plaintiffs, that policy unlawfully...

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