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VAN TROBA v. MONTANA STATE UNIVERSITY

No. 98-195.

970 P.2d 1029 (1998)

1998 MT 292

Stephanie VAN TROBA, Plaintiff and Respondent, v. MONTANA STATE UNIVERSITY and NCAA Initial Eligibility Clearing-house, Defendants, National Collegiate Athletic Association, Defendant and Appellant.

Supreme Court of Montana.

Decided December 3, 1998.

Attorney(s) appearing for the Case

William M. Brooke and Allan H. Baris; Moore, O'Connell & Refling, P.C.; Bozeman, Montana, for Appellant.

Brian M. Morris and Richard J. Dolan; Goetz, Madden & Dunn, P.C.; Bozeman, Montana, for Stephanie Van Troba.

Leslie C. Taylor, Attorney at Law; Bozeman, Montana, for Montana State University.

Justice TERRY N. TRIEWEILER delivered the opinion of the Court.

¶ 1 Stephanie Van Troba filed a complaint in the District Court for the Eighteenth Judicial District in Gallatin County against Montana State University and the National Collegiate Athletic Association after she was ruled ineligible to participate in intercollegiate athletics during her freshman year of college. After a hearing, the District Court issued a preliminary injunction which enjoined the...

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