Benner v. Oswald
United States Court of Appeals for the Third Circuit
592 F.2d 174 (1979)
Pennsylvania State University (Penn State) was governed, in part, by a Board of Trustees comprised of 32 members. Five of those board members served in an ex officio manner and included the university president, the governor, and three members of the governor’s cabinet. Another six members were appointed by the governor with approval from the state senate. Nine trustees were elected by the alumni association, and the final 12 were elected by members of the county agricultural and industrial societies of the state. Penn State students (plaintiffs) filed a lawsuit challenging the election of the 21 trustees elected by the alumni association and agricultural and industrial societies, arguing that their fundamental right to vote under the Equal Protection Clause was violated because they were not allowed to participate in the election process of those trustees. The district court ruled against the students, finding that they had no right to participate in the selection of trustees. The students appealed.
Rule of Law
Holding and Reasoning (Aldisert, J.)
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