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CHISHOLM v. ST. MARYS CITY SCHOOL DISTRICT BOARD

Nos. 19-3034/3100.

947 F.3d 342 (2020)

Dane CHISHOLM and Reid Linninger, former student-athletes of St. Marys City Schools, Plaintiffs-Appellants, v. ST. MARYS CITY SCHOOL DISTRICT BOARD OF EDUCATION, Shawn Brown, James Hollman, and Paul Douglas Frye, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 7, 2020.

Attorney(s) appearing for the Case

ARGUED: Mark A. Weiker , ALBEIT WEIKER, LLP, Columbus, Ohio, for Appellants. Tabitha Justice , SUBASHI, WILDERMUTH & JUSTICE, Dayton, Ohio, for Appellees St. Marys, Shawn Brown, and James Hollman. William V. Beach , ROBISON, CURPHEY & O'CONNELL, LLC, Toledo, Ohio, for Appellee Paul Douglas Frye. ON BRIEF: Mark A. Weiker , ALBEIT WEIKER, LLP, Columbus, Ohio, for Appellants. Tabitha Justice , Brian L. Wildermuth , SUBASHI, WILDERMUTH & JUSTICE, Dayton, Ohio, for Appellees St. Marys, Shawn Brown, and James Hollman. William V. Beach , Amy J. Luck , ROBISON, CURPHEY & O'CONNELL, LLC, Toledo, Ohio, for Appellee Paul Douglas Frye.

READLER, J., delivered the opinion of the court in which ROGERS, J., joined, and WHITE, J., joined in part. ROGERS, J. (pg. 355), delivered a separate concurring opinion in which WHITE, J., joined in all but the first sentence. WHITE, J. (pp. 355-56), delivered a separate opinion dissenting from Part II(B) of the majority opinion.

OPINION

Playing football is not for the fainthearted. During games, players risk physical injury in the name of beating an opponent. Even at practice, players put their physical wellbeing at risk to compete for starting positions and to gain an edge for an upcoming game.

These competitive desires...

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