Covina Union High School v. California Interscholastic Federation

Motion to dismiss appeal from decree restraining the defendant association from disqualifying or barring the plaintiff school from participating in interscholastic athletics.

Upon a complaint wherein the trustees and principal of Covina Union High School alleged that their students had been excluded from certain athletics illegally and contrary to provisions of the constitution and rules of the defendant association of which the plaintiff school was a member, and praying an injunction against said association and reinstatement therein, a decree was entered in favor of the plaintiffs. After trial of the issues it was ordered and decreed that the defendants permit and consent to the participation by said school in athletics “during the present football season on the same footing as other high school members.”, and that they be restrained from preventing the plaintiff school from participating in football games “for the 1932 season on said ground” that it was ineligible so to do. Said decree was dated the fourth day of November, 1932, and the defendants appealed therefrom on the twenty-ninth day of the same month.

The respondents move to dismiss the appeal upon the ground that the…