dissenting.
I dissent from the majority opinion.
The District Court’s preliminary injunction pertained only to athletic activities during the fall semester of the 1993-94 academic year. As I review the majority’s proposed opinion, it is April 18,1994.
The District Court’s restraining order is no longer in effect. The issues raised on appeal are moot. The majority’s opinion is merely advisory and has no direct bearing on the respective interests of the parties who are before the Court. Therefore, I would dismiss the appeal and not reach the merits in this case.
For these reasons, I dissent from the majority’s decision to issue an opinion which has no effect on the rights of either party in this case.