BRENTWOOD ACADEMY, Plaintiff-Appellee,
v.
TENNESSEE SECONDARY SCHOOL ATHLETIC ASSOCIATION; Ronnie Carter, Executive Director and Individually, Defendants-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued April 23, 1999.
Decided June 21, 1999.
Attorney(s) appearing for the Case
Charles Hampton White (argued and briefed), Richard L. Colbert (briefed), Cornelius & Collins, Nashville, Tennessee, for Defendants-Appellants.
H. Lee Barfield, II (briefed), William Scott Sims (briefed), Bass, Berry & Sims, Nashville, Tennessee, Bobby Lee Cook, Cook & Connelly, Summerville, GA, G. Thomas Nebel (briefed), Nashville, Tennessee, James F. Blumstein (argued and briefed), Vanderbilt University Law School, Nashville, Tennessee, for Plaintiff-Appellee.
John J. Kitchin (briefed), Kansas City, Missouri, for Amicus Curiae National Federation of State High School Associations.
Edmund J. Sikorski, Jr. (briefed), Ann Arbor, Michigan, for Amicus Curiae Michigan High School Athletic Association, Inc.
Steven L. Craig (briefed), Heichel, Craig & Prelac, Canton, Ohio, for Amicus Curiae Ohio High School Athletic Association.
Mallory V. Mayse (briefed), Colombus, Missouri, for Amicus Curiae Missouri State High School Activities Association.
Danny C. Reeves (briefed), Greenebaum, Doll & McDonald, Lexington, Kentucky, for Amicus Curiae Kentucky High School Athletic Association.
Leonard E. Ireland, Jr. (briefed), Clayton, Johnston, Quincey, Ireland, Felder, Gadd, Roundtree, Gainesville, Florida, for Amicus Curiae Florida High School Activities Association, Inc.
Terrence E. Kiwala (briefed), Rooks, Pitts & Poust, Chicago, Illinois, for Amici Curiae Illinois High School Association.
Before: GUY, SUHRHEINRICH, and GILMAN, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
OPINION
GILMAN, Circuit Judge.
This appeal involves the constitutionality of the Tennessee Secondary School Athletic Association's "recruiting rule." The rule prohibits member schools from "[t]he use of undue influence . . . to secure or retain a student for athletic purposes. . . ." Brentwood Academy, a private school and a member of the Tennessee Secondary School Athletic Association ("TSSAA"), was found to have violated the rule on two separate occasions...
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