dissenting:
I respectfully dissent.
While I agree with the majority opinion that this controversy is not moot, I am unable to concur in the conclusion on the jurisdictional issue. The majority holds that Wiley’s interest in participating in college athletics is not sufficiently substantial to invoke the federal court’s jurisdiction to hear his equal protection challenge to the NCAA regulations. I now feel, on the contrary, that such an interest is cognizable as the premise for the assertion of such an equal protection claim. Therefore, I would overrule our prior decisions which are to the contrary,1 and would hold that federal jurisdiction exists under 28 U.S.C. § 1343(3) in this case. See Howard University v. NCAA, 166 U.S.App.D.C. 260, 510 F.2d 213, 217-20 (D.C. Cir.); Brenden v. Independent School District, 477 F.2d 1292, 1299 (8th Cir.). See also Shelton v. NCAA, 539 F.2d 1197, 1198 (9th Cir.); Parish v. NCAA, 506 F.2d 1028, 1033 (5th Cir.). But see Associated Students, Inc. v. NCAA, 493 F.2d 1251, 1255 (9th Cir.); Mitchell v. Louisiana High School Athletic Ass’n, 430 F.2d 1155, 1157 (5th Cir.). The importance of participation *478in athletic activities is not sufficiently different from participation in academic or other competitive activities, see Baltic Independent School District v. South Dakota High School Activities Ass'n, 362 F.Supp. 780, 783 (D.S.D.), to justify the dismissal of plaintiff’s claim here.
Reaching the merits of the constitutional claims, I am convinced that the trial court’s holding on the equal protection claim was sound. Consequently, I would affirm on the basis of the trial court’s opinion as to that claim, without however expressing any views as to the claim under the Supremacy Clause.
. Our prior decisions which reject such federal claims are Colorado Seminary v. NCAA, 570 F.2d 320 (10th Cir.); Albach v. Odle, 531 F.2d 983 (10th Cir.); Oklahoma High School Athletic Association v. Bray, 321 F.2d 269 (10th Cir.).