01-4226, 01-4492, 02-1789 MICHAEL BOWERS v. THE NATIONAL COLLEGIATE ATHLETIC… v. Delaware State University

PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Nos. 02-3236, 01-4226, 01-4492, 02-1789
MICHAEL BOWERS
v.
THE NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, as an Association
and a Representative of its Member
Schools a/k/a NCAA; THE NCAA INITIAL-
ELIGIBILITY CLEARINGHOUSE; CEDRIC W. DEMPSEY,
Executive Director of the NCAA, in his individual
and official capacities; CALVIN SYMONS, Managing
Director of the NCAA Student-Eligibility Clearinghouse,
in his individual and official capacities; TEMPLE
UNIVERSITY OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION;
ACT INC; UNIVERSITY OF IOWA; AMERICAN INTERNATIONAL COLLEGE;
THE STATE OF NEW JERSEY,
Intervenor-Defendant in District Court
TEMPLE UNIVERSITY OF THE COMM ONWEALTH
SYSTEM OF HIGHER EDUCATION,
Defendant/Third-Party Plaintiff
v.
DELAWARE STATE UNIVERSITY;
THE UNIVERSITY OF MEMPHIS;
UNIVERSITY OF MASSACHUSETTS AMHERST,
Third-Party Defendants

-- 1 of 6 --

2
University of Massachusetts Amherst
and Delaware State University,
Appellants in 02-3236
*KATHLEEN BOWERS, administratrix ad
prosequendum of the Estate of
Michael Bowers
v.
THE NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, as an Association
and a Representative of its Member
Schools a/k/a NCAA; THE NCAA INITIAL-
ELIGIBILITY CLEARINGHOUSE;
CEDRIC W. DEM PSEY, Executive Director
of the NCAA, in his individual and
official capacities; CALVIN SYMONS,
Managing Director of the NCAA Student-
Eligibility Clearinghouse, in his
individual and official capacities;
TEMPLE UNIVERSITY OF THE COMM ONWEALTH
SYSTEM OF HIGHER EDUCATION; ACT, INC.;
UNIVERSITY OF IOWA; AMERICAN INTERNATIONAL COLLEGE
THE STATE OF NEW JERSEY,
Intervenor-Defendant in District Court
TEMPLE UNIVERSITY OF THE COMM ONWEALTH
SYSTEM OF HIGHER EDUCATION,
Defendant/Third-Party Plaintiff
v.
DELAWARE STATE UNIVERSITY;
THE UNIVERSITY OF MEMPHIS;

-- 2 of 6 --

3
UNIVERSITY OF MASSACHUSETTS AMHERST,
Third-Party Defendants
The University of Memphis,
Appellant in No. 01-4226
*(Amended Per Clerk’s Order of 11/6/02)
*KATHLEEN BOWERS, administratrix ad
prosequendum of the Estate of
Michael Bowers
v.
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, as an
Association and a Representative of its Member Schools
a/k/a NCAA; THE NCAA INITIAL-ELIGIBILITY CLEARINGHOUSE;
CEDRIC W. DEMPSEY, Executive Director of the NCAA, in
his individual and official capacities; CALVIN SYMONS,
Managing Director of the NCAA Student-Eligibility
Clearinghouse, in his individual and official capacities;
TEMPLE UNIVERSITY OF THE COMM ONWEALTH SYSTEM OF HIGHER
EDUCATION; ACT, INC.; UNIVERSITY OF IOWA; AMERICAN
INTERNATIONAL COLLEGE;
THE STATE OF NEW JERSEY,
Intervenor-Defendant in District Court
TEMPLE UNIVERSITY OF THE COMM ONWEALTH
SYSTEM OF HIGHER EDUCATION,
Defendant/Third-Party Plaintiff
v.
DELAWARE STATE UNIVERSITY;

-- 3 of 6 --

4
THE UNIVERSITY OF MEMPHIS;
UNIVERSITY OF MASSACHUSETTS AMHERST,
Third-Party Defendants
University of Iowa,
Appellant in No. 01-4492
*(Amended Per Clerk’s Order of 11/6/02)
*KATHLEEN BOWERS, administratrix ad
prosequendum of the Estate of
Michael Bowers
v.
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, as an
Association and a Representative of its Member Schools
a/k/a NCAA; THE NCAA INITIAL-ELIGIBILITY CLEARINGHOUSE;
CEDRIC W. DEMPSEY, Executive Director of the NCAA, in his
individual and official capacities; CALVIN SYMONS, Managing
Director of the NCAA Student-Eligibility Clearinghouse, in his
individual and official capacities; TEMPLE UNIVERSITY OF THE
COMMONWEALTH SYSTEM OF HIGHER EDUCATION; ACT, INC.;
UNIVERSITY OF IOWA; AMERICAN INTERNATIONAL COLLEGE;
THE STATE OF NEW JERSEY,
Intervenor-Defendant in District Court
TEMPLE UNIVERSITY OF THE COMM ONWEALTH
SYSTEM OF HIGHER EDUCATION,
Defendant/Third-Party Plaintiff
v.
DELAWARE STATE UNIVERSITY;

-- 4 of 6 --

5
THE UNIVERSITY OF MEMPHIS;
UNIVERSITY OF MASSACHUSETTS AMHERST,
Third-Party Defendants
The University of Massachusetts,
Appellant in No. 02-1789
*(Amended Per Clerk’s Order of 11/6/02)
On Appeal from the United States District Court
for the District of New Jersey
(D.C. Civ. No. 97-cv-02600)
Honorable Stephen M. Orlofsky, District Judge
Argued July 8, 2003
BEFORE: NYGAARD, SMITH, and GREENBERG, Circuit Judges
(Filed: August 20, 2003)
ORDER AMENDING SLIP OPINION
It is hereby ordered that the slip opinion in the above matter filed August 20, 2003,
is amended by inserting “(emphasis added)” after “1580" and before the period on the last
line on page 28, by inserting “(emphasis added)” after “2066" and before the period on the
fourth line on page 29, and by deleting the comma between “which” and “we” in the ninth
line of the first complete paragraph on page 31.

-- 5 of 6 --

6
By the Court,
/s/ Morton I. Greenberg
Circuit Judge
DATED: August 27, 2003

-- 6 of 6 --