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PATON v. NEW MEXICO HIGHLANDS UNIVERSITY

No. 00-2119.

275 F.3d 1274 (2002)

Galen PATON, Joann Wolf, Peter Cosmiano, Mark Loera and Robert Braswell, individually; Jodie Roberts, Randa Barber, April Clairmont, and Erica Travelstead, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. NEW MEXICO HIGHLANDS UNIVERSITY; Board of Regents of New Mexico Highlands University; Wayne Bingham, S. Peter Bickley, Jr., Thomas Keesing, Joe Romero, Jr. and Michelle Concha, in their official capacities as Regents; Selimo Rael, individually and in his official capacity as president; Joe Singleton, individually and in his official capacity as athletic director; Cindy Roybal, individually and in her official capacity as senior woman administrator, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 9, 2002.

Attorney(s) appearing for the Case

Kristen Galles, Equity Legal, Alexandria, VA, (Linda Vanzi, Vanzi & Gagne, Albuquerque, NM, with her on the briefs), for Plaintiffs-Appellants.

Nancy Ruth Long, Herrera, Long & Pound, Santa Fe, NM, (Timothy L. White, Atwood, Malone, Turner & Sabin, P.A., Albuquerque, NM, on the brief), for Defendants-Appellees.

Before MURPHY, HALL, and PORFILIO, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiffs-Appellants filed a complaint against Defendants-Appellees containing, inter alia, allegations asserted on behalf of a class of female student athletes. More than two years passed before the district court certified the class. At the close of trial, but before the matter was submitted to the jury, the court granted Defendants' motion to decertify the class, concluding that trial testimony had demonstrated...

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