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Portland Baseball Club v. Baltimore Base. Club

United States Court of Appeals, Ninth Circuit
Sep 13, 1960
282 F.2d 680 (9th Cir. 1960)

Summary

dismissing complaints

Summary of this case from Flood v. Kuhn

Opinion

No. 16816.

September 13, 1960.

Donald C. Walker, James F. Lonergan, Philip A. Levin, Portland, Or., for appellant.

Roy F. Shields, Robert F. Maguire, Portland, Or., Louis F. Carroll, New York City, Benj. F. Fiery and Warren Daane, Cleveland, Ohio, Harvey L. Sperry, New York City, for appellee; Maguire, Shields, Morrison, Bailey Kester, Portland, Or., Willkie, Farr, Gallagher, Walton Fitzgibbon, New York City, Baker, Hostetler Patterson, Cleveland, Ohio, of counsel.

Before CHAMBERS and HAMLEY, Circuit Judges and BOWEN, District Judge.



The judgment of the district court is affirmed on the authority of Toolson v. New York Yankees, Inc., 346 U.S. 356, 74 S.Ct. 78, 98 L.Ed. 64, and Radovich v. National Football League, 352 U.S. 445, 77 S.Ct. 390, 1 L.Ed.2d 456.

Appellant tries to bring professional baseball under the antitrust laws as boxing was done by United States v. International Boxing Club, 348 U.S. 236, 75 S.Ct. 259, 99 L.Ed. 290, and football by Radovich.

It asserts and pleads that conditions of restraint in professional baseball are now more aggravated than at the times of Federal Baseball Club of Baltimore v. National League, 259 U.S. 200, 42 S.Ct. 465, 66 L.Ed. 898 and Toolson. Also, it thinks Radovich and other decisions now undercut Toolson and Federal Baseball. But as we read Toolson and Radovich the Supreme Court is still holding to the proposition that if professional baseball is to be brought within the pale of federal antitrust laws, the Congress must do it.


Summaries of

Portland Baseball Club v. Baltimore Base. Club

United States Court of Appeals, Ninth Circuit
Sep 13, 1960
282 F.2d 680 (9th Cir. 1960)

dismissing complaints

Summary of this case from Flood v. Kuhn
Case details for

Portland Baseball Club v. Baltimore Base. Club

Case Details

Full title:PORTLAND BASEBALL CLUB, INC., a corporation, Appellant, v. BALTIMORE…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 13, 1960

Citations

282 F.2d 680 (9th Cir. 1960)

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