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PASCHAL v. PERDUE

Civ. No. 70-1449.

320 F.Supp. 1274 (1970)

Andrew E. PASCHAL, a minor, by and through his father and next friend, George P. Paschal, Sr., Plaintiffs, v. John PERDUE, Central High School, Mrs. Francis Wouters, John Lester, Jack Fitzgerald, Sam Taylor, Ed Raikes, St. Lucie County School Board, Florida High School Activities Association, Inc., a Florida corp., and John Carroll High School, Defendants.

United States District Court, S. D. Florida, Miami Division.

December 22, 1970.

Attorney(s) appearing for the Case

James A. Weck, Pompano Beach, Fla., for plaintiffs.

John T. Brennan, of Carlton, Brennan & McAliley, Fort Pierce, Fla., for defendant John Carroll High School.

Harry C. Duncan, of Clayton, Duncan, Johnston, Clayton, Quincey, Ireland & Felder, Gainesville, Fla., for defendant Florida High School Activities Assn., Inc.

Errol S. Willes, of Willes, Bittan & Willes, Fort Pierce. Fla., for remaining defendants.

MEMORANDUM OPINION AND FINAL JUDGMENT

ATKINS, District Judge.

Although there is no federal constitutional right to play football, there is a federally enforceable right under the equal protection clause not to be denied eligibility, by state action, to play football solely because of the color of the player's skin. Title 28 U.S.C. § 1343, more commonly known as the Civil Rights Act of 1964.

Plaintiffs...

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