HARDIE v. NAT. COLLEGIATE ATHLETIC ASSOCIATION

No. 15-55576.

876 F.3d 312 (2017)

Dominic HARDIE, Plaintiff-Appellant v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, a nonprofit association, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2017.

Amended September 11, 2017.


Attorney(s) appearing for the Case

James Sigel (argued) and Jack W. Londen , Morrison & Foerster LLP, San Francisco, California; Brian R. Matsui , Morrison & Foerster LLP, Washington, D.C.; Jon Greenbaum , Lawyers' Committee for Civil Rights Under Law, Washington, D.C.; Jeffrey M. David , Call & Jensen, Newport Beach, California; for Plaintiff-Appellant.

Seth P. Waxman (argued), Ari Holtzblatt , David M. Lehn , and Daniel S. Volchok , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Defendant-Appellee.

Joshua P. Thompson and Wencong Fa , Pacific Legal Foundation, Sacramento, California, for Amici Curiae Pacific Legal Foundation, Center for Equal Opportunity, and Competitive Enterprise Institute.

Before: Richard C. Tallman and Michelle T. Friedland, Circuit Judges, and David A. Faber, District Judge.


ORDER

The opinion and concurrence filed on June 27, 2017, are amended as follows:

1. At page 17 of the slip opinion, delete the sentence: <Perhaps, because of self-selection or other factors, the coaching population differs from the population studied.>. 2. At page 20 of the slip opinion, change <predict the racial effect> to <analyze the racial effect>, and delete <on the NCAA's applicant pool in particular>.<...

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