Trs. of Cal. State Univ. & Colls. v. Nat'l Collegiate Athletic Ass'n

California State University, Hayward (CSUH) has been a member of the National Collegiate Athletic Association (NCAA) for several years. In 1970 and 1971, CSUH permitted two students to represent it in intercollegiate athletic competition. The NCAA took exception and imposed a penalty upon CSUH. Several years and two appeals later, the consequences are still in litigation.

CSUH commenced the litigation to enjoin the NCAA from enforcing the penalty. The superior court initially granted a preliminary injunction. On appeal by the NCAA, the order granting the preliminary injunction was affirmed. (California State University, Hayward v. National Collegiate Athletic Assn. (1975) 47 Cal.App.3d 533 [ 121 Cal.Rptr. 85 ].) After a subsequent trial on the merits of the action, the superior court found in favor of CSUH and entered a judgment granting it a permanent injunction. The NCAA appealed again, this time from the judgment.

Although some of the material facts are stated in the previous decision as they had been pleaded ( 47 Cal.App.3d 533 at pp. 537-539 ), they should be restated as established at the trial. The trial court found, or the evidence otherwise supports recitals,…