Tai Kwan CURETON; Leatrice Shaw, each individually and on behalf of all others similarly situated, Alexander Wesby; Andrea Gardner
v.
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued October 1, 1999.
Filed December 22, 1999.
Attorney(s) appearing for the Case
David P. Bruton (argued), Michael W. McTigue, Jr., Drinker Biddle & Reath, Philadelphia, PA, Elsa Kircher Cole, General Counsel, National Collegiate Athletic Association, Overland Park, KS, for Appellant.
Andre L. Dennis (argued), Danielle Banks, Elizabeth R. Leong, Stradley, Ronon, Stevens & Young, Philadelphia, PA, Adele P. Kimmel, Trial Lawyers for Public Justice, Washington, DC, J. Richard Cohen, Southern Poverty Law Center, Montgomery, AL, for Appellees.
Marcia D. Greenberger, Leslie T. Annexstein, Neena K. Chaudhry, National Women's Law Center, Washington, DC, for Amici Curiae American Association of University Women, American Civil Liberties Union, Center for Women Policy Studies, Clearinghouse on Women's Issues, The Connecticut Women's Education and Legal Fund, Inc., Equal Rights Advocates, National Association for Girls & Women in Sport, The National Association of Social Workers, National Education Association, National Partnership for Women & Families, Now Legal Defense and Education Fund, Women Employed, Women's Law Project, The Women's Sports Foundation, and The YWCA of the USA.
Edward N. Stoner II, Martha Hartle Munsch, Catherine S. Ryan, Reed Smith Shaw & McClay LLP, Pittsburgh, PA, Sheldon Elliot Steinbach, American Council on Education, Washington, DC, for Amicus Curiae American Council on Education.
Paul A. Tufano, General Counsel, Gregory E. Dunlap, Deputy General Counsel, Anthony S. Potter, Assistant General Counsel, Commonwealth of Pennsylvania, Office of General Counsel, Harrisburg, PA, for Amici Curiae Commonwealth of Pennsylvania and Pennsylvania Department of Education.
John H. Findley, Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae Pacific Legal Foundation.
Bill Lann Lee, Acting Assistant Attorney General, Dennis J. Dimsey, Marie K. McElderry, Department of Justice, Washington, DC, for Amicus Curiae United States of America.
Before: GREENBERG, McKEE, and STAPLETON, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GREENBERG, Circuit Judge.
I. INTRODUCTION
This matter comes on before this court on appeal from an order for summary judgment in this action challenging certain academic requirements for participation in varsity athletics promulgated by the National Collegiate Athletic Association ("NCAA"). See Cureton v. NCAA,37 F.Supp.2d 687 (E.D.Pa.1999). In particular, the plaintiffs challenge...
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