Andy is a junior at Aquatic State University and the National Collegiate Athletic Association (NCAA) champion in the 100-meter butterfly swimming event. In the recently completed Olympic Trials conducted under the auspices of United States Swimming, Inc. (USS), he finished fourth in this event, only 0.01 second behind the third-place finisher. He failed to make the United States Olympic team because only the top three finishers qualify for this event. Andy believes that the winner of this event used an “illegal kick” during the race and should have been disqualified. He promptly filed a complaint with the USS race officials overseeing this event, which was rejected within one hour after the race ended. The USS’s governing body denied his appeal. Andy sues the USS, the USOC, and the IOC and seeks a court order enabling him to participate in the upcoming Olympic Games, which will be held in the United States, as a member of the United States Olympic team in this event. Is he likely to be successful?
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