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BRENTWOOD ACADEMY v. TENNESSEE SECONDARY

Nos. 03-5245, 03-5278.

442 F.3d 410 (2006)

BRENTWOOD ACADEMY, Plaintiff-Appellee/Cross-Appellant, v. TENNESSEE SECONDARY SCHOOL ATHLETIC ASSOCIATION; Ronnie Carter, Executive Director and in his individual capacity, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 17, 2006.

Attorney(s) appearing for the Case

ARGUED: Richard L. Colbert, Colbert & Winstead, Nashville, Tennessee, for Appellants. James F. Blumstein, Vanderbilt Law School, Nashville, Tennessee, for Appellee. ON BRIEF: Richard L. Colbert, W. Gregory Miller, J. Christopher Anderson, Colbert & Winstead, Nashville, Tennessee, for Appellants. James F. Blumstein, Vanderbilt Law School, Nashville, Tennessee, H. Lee Barfield II, W. Brantley Phillips, Jr., Bass, Barry & Sims, Nashville, Tennessee, for Appellee. Daniel Casse, White House Writers Group, Washington, D.C., Chester E. Finn, Jr., Thomas B. Fordham Foundation, Washington, D.C., John F. Daly, Federal Trade Commission, Washington, D.C., William E. Quirk, James M. Humphrey, Shughart, Thomson & Kilroy, Kansas City, Missouri, for Amici Curiae.

Before: GIBBONS and ROGERS, Circuit Judges; BELL, Chief District Judge.

GIBBONS, J., delivered the opinion of the court, in which BELL, Chief D.J., joined.

ROGERS, J. (pp. 444 - 456), delivered a separate dissenting opinion.

OPINION

GIBBONS, Circuit Judge.

This appeal represents the third trip to this court for the parties to this litigation. The case has also been before the United States Supreme Court, which made a notable ruling that defendant-appellant Tennessee Secondary School Athletic Association ("TSSAA...

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