Appeal from the Order of the Court of Common Pleas of Luzerne County in the case of Glen R. Geisinger and Anthony R. Orlando v. Pennsylvania Interscholastic Athletic Association, No. 101-E of 1982.
William M. Young, Jr., with him Rod J. Pera, Mcnees, Wallace & Nurick, for appellant.
No appearance for appellees.
Judges Rogers, Palladino and Barbieri, sitting as a panel of three. Opinion by Judge Rogers. Judge Barbieri concurs in the result only.
[ 81 Pa. Commw. Page 422]
The Pennsylvania Interscholastic Athletic Association (PIAA) has appealed from an order of the Court of Common Pleas of Luzerne County granting a preliminary injunction enjoining it from prohibiting the appellees, Glen R. Geisinger and Anthony R. Orlando,
[ 81 Pa. Commw. Page 423]
from participation in interscholastic athletics during their senior years in high school.*fn1
The injunctive relief sought by Geisinger and Orlando was that PIAA be restrained from enforcing the following provisions of Article VII of its by-laws.
Section 1. Period of Participation.
A pupil shall not represent his school in interscholastic athletics if he has:
A. Been in attendance more than 8 semesters beyond the 8th grade; except in cases of long-confining illness or injury which necessitates repeating a grade, the District Committee may, after thorough investigation, request the Board of Control, in which such authority rests, to waive the 8 ...