Patrick v. Miss New Mexico-USA Universe Pageant

490 F. Supp. 833, 1980 U.S. Dist. LEXIS 13212
CourtDistrict Court, W.D. Texas
DecidedMay 1, 1980
DocketEP-80-CA-88
StatusPublished
Cited by4 cases

This text of 490 F. Supp. 833 (Patrick v. Miss New Mexico-USA Universe Pageant) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patrick v. Miss New Mexico-USA Universe Pageant, 490 F. Supp. 833, 1980 U.S. Dist. LEXIS 13212 (W.D. Tex. 1980).

Opinion

MEMORANDUM OPINION

HUDSPETH, District Judge.

On January 12, 1980, at the Miss New Mexico-USA Pageant in Las Cruces, New Mexico, Plaintiff Kathy Patrick was crowned “Miss New Mexico-USA” by a panel of judges. The title ostensibly carried with it the right to represent the state at the Miss USA Pageant in Biloxi, Mississippi, in May 1980, with the winner of that contest being further entitled to represent the United States in the 1980 Miss Universe Pageant. Plaintiff’s hopes were dashed, however, when some three weeks later she was informed by Case Kowall, President of the Miss New Mexico-USA Pageant organization, that she was ineligible for the title of Miss New Mexico because she was officially a resident of Texas. After efforts to work out a settlement proved unsuccessful, Plaintiff filed suit in this court. Claiming jurisdiction based upon diversity of citizenship and jurisdictional amount, Plaintiff asks for injunctive relief and, in the alternative, for damages. On April 28 and 30, 1980, an evidentiary hearing was held on Plaintiff’s motion for a preliminary injunction. At the hearing, the following facts were established.

Defendant Miss Universe, Inc. (incorrectly styled “Miss USA-Miss Universe Pageant, Inc.” in the complaint) is a California corporation, with its principal place of business in New York City. Its business is the promotion of the “Miss Universe” and “Miss USA” beauty pageants, which are held annually. Each of the contestants in the Miss USA Pageant is herself the winner of a state beauty pageant sanctioned by Miss Universe, Inc. The state pageant is conducted by an individual or organization “franchised” by Miss Universe, Inc. to operate the pageant in that particular state. In New Mexico, the franchisee for 1979-80 is the Defendant Miss New Mexico-USA Universe Pageant, 1 an unincorporated association in which the principals are Case Kowall and Helen Kowall of Las Cruces, New Mexico. (Def.Ex. M-B.) In Texas, the franchisee is Guyrex Associates of El Paso, the principals in which are Richard Guy, Rex Holt, and Carolyn Mitchell (Pl.Ex. 2, 3). The state franchisees in turn appoint sub-agents or sub-franchisees to conduct local or city beauty pageants.

Plaintiff Kathy Patrick resides, and at all times pertinent to this suit has resided, at or near the town of Anthony, which straddles the border of New Mexico and Texas. Her home lies on the Texas side of the line, but is adjacent to the New Mexas Drain, which constitutes the border between the two states at that point. Residence in Anthony has several unusual aspects. For example, the Post Office in Anthony is physi *836 cally located in New Mexico, but it serves residents on the Texas side of the line also. Plaintiff’s mailing address is a post office box at “Anthony, New Mexico-Texas 88021.” One may call long distance to Plaintiff’s home telephone using either Area Code 505 (the area code for New Mexico) or Area Code 915 (the area code for Western Texas).

One of the annual local pageants affiliated with Miss USA and Miss Universe is the “Miss Anthony-USA Pageant" (Pl.Ex. 1). Because of Anthony’s border location, the site of the annual pageant alternates between Anthony High School (which is in Texas) and Gadsden High School (which lies in New Mexico). The winner is eligible to advance to a state contest, preliminary to the Miss USA Pageant — but in which state? Once again, geography takes on unusual significance. The Miss Texas-USA pageant is held in El Paso, Texas; the Miss New Mexico-USA pageant in Las Cruces, New Mexico. El Paso and Las Cruces lie less than 50 miles apart on Interstate 10, and Anthony, New Mexico-Texas lies not quite halfway between the two. Winners of the Miss Anthony pageant have, on occasion, entered both Texas and New Mexico state contests in the same year. In 1978, a Texas resident, Ella McDaniel, won the title of “Miss Anthony,” and proceeded to enter both the Texas and New Mexico pageants. At the Texas pageant, she was chosen “Miss Amity.” At the New Mexico pageant, she was awarded the title of Second Runner Up (third place). Apparently, Miss McDaniel’s actions provoked no complaint from Defendant Miss Universe, Inc., or from its franchisees in Texas or New Mexico.

In July 1979, Plaintiff Kathy Patrick was awarded the title of “Miss Anthony.” Case Kowall was one of the judges. She appeared at the Miss Texas-USA Pageant in August, and captured the title of First Runner Up (second place). Mr. Kowall attended the Texas pageant as a photographer, and was aware of Plaintiff’s participation. So, indeed, was Miss Universe, Inc. Frank Sweeney, Vice President of Miss Universe, Inc., attended the Texas pageant, and was introduced to Plaintiff. She advised Sweeney that she planned to enter the New Mexico pageant if she lost in Texas, since Anthony lay on the border of the two states. Mr. Sweeney stated, “Aren’t you a lucky girl,” and “You picked just the right place to be from.” On a separate occasion, she stated in the presence of Sweeney and Richard Guy that she planned to enter the Miss New Mexico pageant; whereupon, Sweeney stated “I guess we’ll be seeing you in Biloxi!”

In October 1979, Plaintiff did enter the Miss New Mexico contest, by submitting her written application to Case Kowall. The application showed her Texas address, and she did not represent to Mr. Kowall or anyone else that she lived in the State of New Mexico. On the contrary, she stated to Mr. Kowall that she could not sign an affidavit form attached to the application, which called upon the entrant to state that she had resided in New Mexico for six months. Mr. Kowall told her it was unimportant, and that she need not submit the affidavit at all. She then asked him about changing the form to state: “I am representing the city of Anthony, New Mexico.” He advised her that it would be acceptable, and that is the way Plaintiff signed it (Def.Ex. A). Mr. Kowall, who had been to Plaintiff’s home, had personal knowledge of her Texas residence, and repeatedly assured her that it did not affect her eligibility for the title of Miss New Mexico-USA.

After the judges awarded Plaintiff the title of Miss New Mexico on January 12, 1980, Plaintiff, a regular student at the University of Texas at El Paso, asked Mr. Kowall if she should register at a New Mexico college in order to establish additional contacts with the state. Again, he advised her that it was unnecessary to take such action, and Plaintiff did not so enroll.

About three weeks later, Mr. Kowall called Plaintiff to say “there’s a problem.” He came to her home in Texas with the affidavit form concerning residence in New Mexico and asked her to sign it. She declined to do so. A few days later, Mr. Kowall told Plaintiff she would have to *837 give up her title, as she was not eligible for it under Miss Universe rules. The Plaintiff, understandably upset, telephoned Frank Sweeney at the New York headquarters of Miss Universe, Inc. He asked her where she lived, voted, went to school, and got her mail. Upon hearing her truthful answers, he stated “You sound like a Texan to me,” but requested her to “wait and see if he could do anything.” Mr. Kowall had also entreated her to wait and see if they could “work something out.” In March 1980, however, Plaintiff was notified that she could not retain her title. Rather than acquiescing, she chose to file this suit.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ross v. Texas One Partnership
796 S.W.2d 206 (Court of Appeals of Texas, 1990)
Henderson v. Charles E. Smith Management, Inc.
567 A.2d 59 (District of Columbia Court of Appeals, 1989)
In Re Shulman Transport Enterprises, Inc.
744 F.2d 293 (Second Circuit, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
490 F. Supp. 833, 1980 U.S. Dist. LEXIS 13212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-v-miss-new-mexico-usa-universe-pageant-txwd-1980.