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CHALENOR v. UNIVERSITY OF NORTH DAKOTA

No. 00-3379ND.

291 F.3d 1042 (2002)

Eric CHALENOR; Brady Flatten; Chad Lorenson; and Mike Schuster, Appellants, v. UNIVERSITY OF NORTH DAKOTA, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 30, 2002.

Attorney(s) appearing for the Case

Kai H. Richter, argued, Minneapolis, MN (Monty J. Stensland, Grand Forks, ND, on the brief), for appellant.

Douglas A. Bahr, argued, Bismarck, ND, for appellee.

Before BOWMAN, RICHARD S. ARNOLD, and HANSEN, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

In this case we consider whether Title IX of the Education Amendments of 1972, 86 Stat. 373-375, as amended, 20 U.S.C. §§ 1681-1688, prohibits a public university from eliminating a men's athletic team for the purpose of reducing the inequality of athletic participation between its male and female students. In 1998, the University of North Dakota, citing gender-equity and budgetary issues, canceled its men's wrestling program...

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