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Christy Brzonkala (P) sued under 13981 against Morrison and Crawford. P was a student at Virginia Polytechnic Institute, and Morrison and Crawford were students as well as football players at the same school. P alleges that soon after she met Morrison and Crawford, they pinned her down and forcibly raped her. Morrison and Crawford moved to dismiss the complaint in that it failed to state a claim and the statute itself was unconstitutional. The District Court ruled that P had stated a claim but held the statute unconstitutional. P appealed.

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