knock off viagra cialis dosage for ed cialis preiswert im internet bestellen citalopram hydrobromide 20mg advantage real estate moberly mo ramipril side effects medication 5 cialis doxylamine succinate 25 mg zestril dosage anxiety medication listing dostinex side effects cabergoline weight celebrex coupons walgreens malegra 50 ornidazole & ofloxacin tablets online cialis india order elavil overnight periactin online pharmacy buy cialis tadacip in netherlands german remedies biaxin xl 500mg pack order torcemide where to buy estrofem stanozolol tablets usage misoprostol induction stories tadalafil singapore predisone pills for sale from canada hcl metformin online no prescription motilium prospect pret furosemide over the counter substitute lawrence walter in india malaseb shampoo gallon why was relafen discontinued prednisone online micardis side effects cough medrol steroid pack side effects viamax sensitive desire review levitra prezzi xenical tablets for sale buying clomid online australia irbesartan side effects skin naprosyn 500 mg tab store online site dura dapoxetine allercet tabletsalliallopurallpills tadarise 40 reviews atorlip 10 para que sirve bactrim side effects rash viagra 50mg or 100mg requip starter pack directions cardura xl reviews alli sales and canada claravis reviews blogs hydroxyzine hcl 25 mg tablet side effects buy sildenafil citrate india viramune manufacturer refurbished obetrol adhd drugs premarin lawsuits in texas benazepril medication information cymbalta cambodia benazepril side effects ketorolac tromethamine 10mg tablets how to order cipro mg inderal side effects drug clindamycin for dogs with uti cheap valtrex pills 3 day delivery wo kann man kamgra kaufen tetracyclin 250mg lotrisone lot benemid contraindications 200mg cialis pulmicort nebulizer dosage lamictal rash picture lamictal side effects bestliferx pharmacy estrace cream side effects on men cheap cialis quick shipment us diovan without prescripyion lamisil tablets at ebay mirapex dosages rocaltrol 0 5 mcg melatonin love and other drugs online sa prevodom tinidazole topical cream for bacterial vaginosis revatio for pulmonary hypertension cost north american pharmacy online comprare zovirax tablet buy qsymia canada prednisone over counter kosovarja gazeta shqiptare tirana chat linkedin paracetamol amantadina clorfenamina zoloft and pregnancy category combivent nebulizer baclofen side effects in elderly human pheromones and attraction avelox antibiotic good for uti otc tenormin viagra europa low cost viagra without perscription levitra 20 mg information fucidin antibiotic cream exelon patch for alzheimers side effects hydroxyzine pamoate vistaril anxiety pharmacy india without prescription septra antibiotic for acne treatment xlpharmacy complaints against doctors prilosec non prescription drug directions rocaltrol medication celebrex medication dosage metronidazole 500 mg antibiotics without a prescrip mercury pharmacy in the philippines online pharmacy forums paxil for night sweats viagra shop online india eutirox 50 dosage instructions cardura xl billigaste viagra pfizer doxycycline for cheap esomeprazole side effects augmentin dosage for dogs adipex weight loss results latest updates on clozaril medication thyrox order online no prescription androgel testosterone gel side effects female viagra free sample synthroid medication side effects india drug pharmacy online herbal club buy reductil philippines premarin without prescription canada where can i order alli genetic viagra using mastercard elocon mometasone furoate lotion united states cialis online alli 60mg orlistat vente libre flagyl and pregnancy test lortab hydrocodone trusted online vicodin viagra cream for men viagra 100 viagra atlantic drugs ramipril 10mg when should u take it zyvox patient assistance programs esomeprazole strontium cost clavamox for cats for sale doxazosin medication side effects flucomed 150mg is levitra sold online order pills from canada prevacid side effects long term use buy lexapro from india flagyl antibiotic used to treat in dogs nexium coupons lergigan 25mg benadryl dicyclomine 20 mg para que se usa remeron side effects mirtazapine esomeprazole strontium 49.3mg primatene mist inhaler buy online vpxl pills store review unisom sleep tabs dosage cytotec buy no prescription paxil for anxiety pinamox antibiotic side micardis coupons zyban side effects wellbutrin alcohol where can i buy cialis online cheap no prescription drugstore antibiotics for sinus infection and ear infection viagra without seeing a doctor pharmacy top pills pharmacy tech practice test tinidazole 500mg dosage no prescription viagra cicloferon aciclovir cream 5 domperidone side effects breastfeeding lamotrigine lamictal side effects children buy cialis in australia brand viagra prices zithromax z pack price metformin with benfotiamine tablets aspirin and pregnancy risks puretone stethoscope company names haldol dosage range finasteride for sale zinoxime doses viagra shipping to china cipro 750 bay on line acs goodrx comparison best price phentermine 37 5 phexin bd 750mg test hatfield pa zofran dosage for children amlodipine besylate 10mg side effects levitra online prescription viagra in sri lanka diclofenac sodium side effects india viagra price propecia before and after pictures aldactone 100 mg side effects diazepam 5mg side effects want to buy cheap levitra priligy dapoxetine fda 2014 warningprilosec nolvadex dosage on cycle vistaril medication hydroxyzine pamoate order cefixme qsymia coupons for walmart rythmol side effects treatment viagra new york city metformin pharmacy europe indian viagra name exelon stock quote nyse buy levitra generic online donormyl blue reviews dutasteride hair loss study trileptal 300mg side effects suhagra 100 discount los angeles discount generic viagra and cialis gupisone 20mg flovent hfa 110 mcg coupon over the counter flagyl substitute vicodin overdose avana at the rim apartments san antonio tx what is suhagra 50 zetia medication what is it for extra super viagra for women in uk cabaser cabergoline and pregnancy magnesium oxide formula prometrium progesterone side effects viagra expiration buy soft generic viagra medrol no prescription mastercard code red 7 seconds pill reviews lamotrigine side effects in women haloperidol drug what is the brand name clopidogrel side effects medication drug interaction epanutin capsules 100mg aldactone for acne reviews northern pharmacy canada lopid 600 mg triglycerides diets cefaclor 250 mg capsule side effects cialis brand without prescription propranolol online delivered in usa berifen 100 retarded fosamax side effects medication no prescription voltarin cabaser reviews 50 zofran for children with colitis meprate side effects 3 day ship viagra fast delivery viagrabest online price digoxina in english what is hyperbole avelox for uti infection doxycap 100 mg trazodone goodrx reviews costco pharmacy prices female viagra side effects hyzaar 50 12.5 generic advantage auto sales ubat provera uroxatral vs flomax discount adhd meds ventolin hfa 90 mcg inhaler generic minomycin information clearing orderpharma ukc rimadyl 25mg side effects malaseb dog shampoo where to buy where to buy lipitor online atacand hct 32 12.5mg zoloft and breastfeeding side effects cialis 20mg for sale buy furosemide online uk cheap viagra in cyprus fluoxetine 10mg tablets toradol shot injection side effects lexapro vs celexa antidepressant cialis in 3 days symptoms of mestinon overdose forzest 20 tadalafil pastillas omifin efectos secundarios ninth street pharmacy online ordering acnelyse cream shortage of prevacid order aygestin canada epogen dosing in jehovah viagra romania buy letrozole online atomoxetine buy online ropinirole drug assistance sumycin 500mg equals estrace cream generic equivalent cialis price philippines amerimedrx scammers where i can order viagra pills best online pharmacies antibiotics for urinary tract infection in dogs glucophage 500mg price fluconazole 200 mg tablet side effects depakote toxicity icd 9 code synthroid no prescription needed in usa clindamycin 300 mg capsules used for ketorolac injection package insert bactrim side effects in men orlistat lesofat philippines vega 100 tablets use in urdu westhroid purchase tramadol pharmacy no prescription sinoemet for sale canada gonorrhea treatment online bactroban ointment uses for nose viagra generico in svizzera miguel fuenllana prednisone for dogs treatment dosage glipizide dosage 10 mg no rx cialis in edmonton duetact medication for anxiety 365 pillsbury remeron withdrawal symptoms itching avodart hair loss reviews progynova 1mg side effects cialis rush order purchase 60 mg orlistat ibuprofen for dogs canadian amateur wrestling water pills no prescription cholesterol lowering diet plan mayo clinic bonadoxina pfizer medication list fluconazole tablet over the counter indinavir contraindications novolog 70/30 benemid classification online pharmacy cheap retin a comprar viagra online albendazole and mebendazole over the counter homeopath medicinefor abortion cefadroxil 500 mg pletal medication taking doxycycline for dogs price prompt pill store generic methocarbamol no prescription order zoloft without prescription amphetamine dextroamphetamine salts combo albuterol substitute over counter octreotide side effects alesse birth control pills 75 mil indocin online canadian pharmacy ciales cooperativa de seguros cialis 5mg filmtabletten ohne rezept trichomoniasis medication online avelox side effects medicines terramicina para los ojos relafen nabumetone used viamedic coupon codes ordering femara tamoxifen for men bactrim over the counter walgreens lasix water pills no prescriptions viagra bestellen per rechnung zyban wellbutrin difference cloridrato de ciprofloxacino flazol medicine parkflegileflexeril alphagan p 0.1 drops buy revatio obetrol history xeloda side effects hair loss cialis in toronto indinavir contraindications for tpa brand viagra buy percocet dosage 7.5 phenergan and pregnancy medication lipvas 40 mg cialis usa pharmacy www viagraforsaleaustralia doxycycline from canada pharmacy finax finasteride side effects biaxin side effects after you have finished treatment dyazide side effects hydrochlorothiazide how long anafranil withdrawal symptoms last omifin embarazo multiple buy cialis 20mg australia dianabol stack cycle walmart prescription expense report estradiol levels normal finasteride 5mg side effects proscar cipralex withdrawal symptoms costco superstore synthroid and weight gaining zoloft weight loss side effects cabaser dosage pcti dermizol crema bordeaux staxyn 10mg buy in mexico diovan valsartan generic name cialis super active plus reviews weather for medyka poland bactrim ds side effects bloody stool lantus insulin price at walmart cytotec united states pariet 20 mg no prescription mavidol tr para que sirve vigrande 50 mg lasuna jewelry armoire 36 hour cialis side effects what is betagesic tabletsbetaprofen etodolac 300mg capsules androgel testosterone gel for sale fluoxetine with out rx coumadin antidote vitamin k best place to order generic cialis sinequanone clothing philippines macrodantin 100mg paxil reviews for anxiety percocet 5 325 vs vicodin es 750 levitra pharmacy depakote er 500mg cheap duvadilan drug study pregnancy therapy 2000 dallas benadryl cough syrup price diflucan dosage for children propecia hair loss treatment in women toradol shot for back pain lialda side effects mesalamine 400mg prednisone canadian drugs costco superstore membership prilosec otc pepcid ac better norfloxacin antibiotic salazopyrin medications irbesartan side effects medication latisse md discount code nosipren lowest price airfare so easy say againe vegetal vigra ebay folcres 5mg valium on line pharm ephedraxin infostuderectalis wellbutrin weight loss side effects doxycycline for sale no prescription omifin tablets cialis information viagra online usa amoxil 500mg capsule how to get viagra sample viapro male enhancement pills provera period then spotting zyvox assistance programs best levitra prices permethrin side effects cats buy zofran uk pharmacy viagra echeck accepted ativan vs xanax dose nexium vs aciphex medication buy bupropion uk is nasonex nasal spray over the counter buy combivent without prescription canada viagra online review supersaver meds wellbutrin withdrawal side effects will malarone treat gonorrhea tri cyclen online pharmacy benazepril hydrochloride how many robaxin to get high paracetamol indications propecia post delivery provigil medication for adhd buy prednisone 10mg online lotrel 5 20 prices voltaren forte propecia generic date 2012 tantalum long beach restaurant azitromicin fda for infants garlic butter sauce for musselsgarrigue buy viagra online cheap acyclovir philippines buy cialis pattaya preise viagra kaufen mestinon myasthenia gravis treatment buy anxiety pills online viagra price in pakistan karachi subutex treatment centers tadalafil 10mg side effects desogen birth control and acne maxolon injection tadalafil citrate powdertadalafilitadalafillitadalafilotadalifiltaladafiltamoxifen nizagara tablets india tegretol xr 200 mg side effects what kind of doctor prescribes cialis rapidtabs wikipedia progesterone only birth control period protonix vs nexium cost trazodone 50mg online pharmacy genuine medications pills antifungal for people brand viagrafrommexico medicstar online medicines from mexico original viagra puchase vermox no prescription olanzapine 5mg tab sell price of cephalexin 500 mg consell esportiu promethazine codeine pills yasmin le bon and simonyasmine betanoid 0 5mg valium leconfield kennels of springdale ketrel cream use
Home BoB Documents 1900 - 1960 1953 - Toolson v New York Yankees

Like Shoot to Thrill - An AC/DC Tribute on Facebook!

An authentic tribute of AC/DC that covers the best of the Bon Scott era and the best of Brian Johnson's material

Who's Online?

We have 939 guests online

Atom RSS

1953 - Toolson v New York Yankees PDF Print E-mail
User Rating: / 15
PoorBest 
1900 - 1960
Written by Court Ruling   
Monday, 29 November 1999 19:00

U.S. Supreme Court

TOOLSON v. NEW YORK YANKEES, 346 U.S. 356 (1953)

346 U.S. 356

TOOLSON v. NEW YORK YANKEES, INC. ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. *  
No. 18.
Argued October 13, 1953.
Decided November 9, 1953.

 

The judgments in these cases are affirmed on the authority of Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs, 259 U.S. 200 , so far as that decision determines that Congress had no intention of including the business of baseball within the scope of the federal antitrust laws. Pp. 356-357.

200 F.2d 198, 202 F.2d 413, 428, affirmed.

 

[ Footnote * ] Together with No. 23, Kowalski v. Chandler, Commissioner of Baseball, et al., argued October 13-14, 1953, and No. 25, Corbett et al. v. Chandler, Commissioner of Baseball, et al., argued October 14, 1953, both on certiorari to the United States Court of Appeals for the Sixth Circuit.

 

Howard C. Parke argued the cause for petitioner in No. 18. With him on the brief was Gene M. Harris.

 

Frederic A. Johnson argued the cause for petitioner in No. 23 and Seymour Martinson argued the cause for petitioners in No. 25. With them on the briefs were Maurice H. Koodish and Edward Martinson.

 

Norman S. Sterry argued the cause and filed a brief for respondents in No. 18.

Raymond T. Jackson argued the cause for respondents in Nos. 23 and 25. With him on the briefs were Benjamin F. Fiery and Louis F. Carroll.

 

Thomas Reed Powell filed a brief for the Boston American League Base Ball Company in No. 18, as amicus curiae, urging affirmance.

 

PER CURIAM.

 

 

Affirmed.

 

In 1952 the Subcommittee on Study of Monopoly Power, of the House of Representatives Committee on the Judiciary, after extended hearings, issued a report dealing with organized baseball in relation to the Sherman Act. In that report it said:

 

"`Organized baseball' is a combination of approximately 380 separate baseball clubs, operating in 42 different States, the District of Columbia, Canada, Cuba, and Mexico . . . .

. . . . .

 

In the Federal Baseball Club case the Court did not state that even if the activities of organized baseball amounted to interstate trade or commerce those activities were exempt from the Sherman Act. The Court acted on its determination that the activities before it did not amount to interstate commerce. The Court of Appeals for the District of Columbia, in that case, in 1920, described a major league baseball game as "local in its beginning and in its end." 4 This Court stated that "The business is giving exhibitions of base ball, which are purely state affairs," and the transportation of players and equipment between states "is a mere incident . . . ." 5 The main thrust of the argument of counsel for organized baseball, both in the Court of Appeals and in this Court, was in support of that proposition. 6 Although counsel did argue that the activities of organized baseball, even if amounting to interstate commerce, did not violate the Sherman Act, 7 the Court significantly refrained from expressing its opinion on that issue.

 

 

The 1952 report of the Congressional Subcommittee previously mentioned also said:

"Under judicial interpretations of this constitutional provision [the commerce clause], the Congress has power to investigate, and pass legislation dealing with professional baseball, or more particularly `organized baseball,' if that business is, or affects, interstate commerce.

. . . . .

 

 

Footnotes

[ Footnote 1 ] Federal Baseball Club v. National League, 259 U.S. 200 .

 

[ Footnote 2 ] Compare Paul v. Virginia, 8 Wall. 168, and Hooper v. California, 155 U.S. 648 , with United States v. South-Eastern Underwriters Assn., 322 U.S. 533 , and Lorain Journal Co. v. United States, 342 U.S. 143 . See also, Times-Picayune Publishing Co. v. United States, 345 U.S. 594 ; United States v. National Assn. of Real Estate Boards, 339 U.S. 485 ; United States v. Crescent Amusement Co., 323 U.S. 173 ; American Medical Assn. v. United States, 317 U.S. 519 .

 

[ Footnote 3 ] H. R. Rep. No. 2002, 82d Cong., 2d Sess. 4, 5.

 

"The primary sources of revenue for baseball clubs are admissions, radio and television, and concessions. The following table indicates the combined revenue of the 16 major-league clubs from these sources for the years 1929, 1939, and 1950.

"Major league revenue

"[In thousands of dollars] --------------------------------------------------------------------- "Source of revenue 1929 1. 1939 1950 --------------------------------------------------------------------- Home games ................... 6,559.1 6,766.6 18,334.8 Road games ................... 2,221.4 2,320.2 4,517.8 Exhibition games ............. 422.6 515.7 911.5 Radio and television ......... 0 884.5 3,365.5 Concessions (net) ............ 582.8 850.3 2,936.3 Other ........................ 733.4 776.0 1,969.6 -------------------------------------- Gross receipts .......... 10,519.5 12,113.3 32,035.5 ---------------------------------------------------------------------

 

"1. Data unavailable for 2 clubs: Chicago, American League; and Pittsburgh, National League.

. . . . .

"The fastest-growing source of revenue for major league clubs is radio and television. Receipts from these media of interstate commerce were nonexistent in 1929. In 1939, 7.3 percent of the clubs' revenue came from this source; and in 1950, this share rose to 10.5 percent.

 

"Portrayed in absolute terms, the growing importance of radio and television becomes even more pronounced. Receipts rose from nothing in 1929 to $884,500 in 1939 and $3,365,500 in 1950. Reported income from primary radio and television contracts for 1951 indicate that this sharp increase is continuing. . . . To this must be added $110,000 for the sale of radio and television rights to the 1951 all-star game and $1,075,000 for the sale of similar rights to the 1951 world series." Id., at 5-6.

 

[ Footnote 4 ] National League v. Federal Baseball Club, 50 App. D.C. 165, 169, 269 F. 681, 685.

 

[ Footnote 5 ] 259 U.S., at 208 , 209.

 

[ Footnote 6 ] See brief for appellants in the Court of Appeals, pp. 45-67; brief for defendants in error in this Court, pp. 45-66.

 

[ Footnote 7 ] See brief for appellants in Court of Appeals, pp. 68-72; brief for defendants in error in this Court, pp. 66-72.

 

[ Footnote 8 ] Hart v. Keith Vaudeville Exchange, 262 U.S. 271, 274 , and see North American Co. v. S. E. C., 327 U.S. 686, 694 .

 

[ Footnote 9 ] In opposing approval of four exclusionary bills then pending, the Subcommittee did not take the stand that organized baseball and other comparable sports, although constituting interstate trade or commerce, already are exempt from the broad coverage of the Sherman Act. On the contrary, it said:

 

 

[ Footnote 10 ] "The reserve clause is popularly believed to be some provision in the player contract which gives to the club in organized baseball which first signs a player a continuing and exclusive right to his services. Commissioner Frick testified that this popular understanding was essentially correct. He pointed out, however, that the reserve clause is not merely a provision in the contract, but also incorporates a reticulated system of rules and regulations which enable, indeed require, the entire baseball organization to respect and enforce each club's exclusive and continuous right to the services of its players." H. R. Rep. No. 2002, 82d Cong., 2d Sess. 111. See also, Section VII, The Reserve Clause, id., at 111-139, and Gardella v. Chandler, 172 F.2d 402.

 

In No. 18 the following specific allegations appear and those in No. 23 are comparable:

"XI.

 

"That the Defendants, and each of them, have entered into or agreed to be bound by a contract in the restraint of Interstate Commerce; that said contract is designated as the Major-Minor League Agreement, dated December 6, 1946, and provides in effect that:

 

"1. All players' contracts in the Major Leagues shall be of one form and that all players' contracts in the Minor Leagues shall be of one form.

 

"2. That all players' contracts in any league must provide that the Club or any assignee thereof shall have the option to renew the player's contract each year and that the player shall not play for any other club but the club with which he has a contract or the assignee thereof.

 

.

"4. That the player shall be bound by any assignment of his contract by the club, and that his remuneration shall be the same as that usually paid by the assignee club to other players of like ability.

 

"5. That there shall be no negotiations between a player and any other club from the one which he is under contract or reservation respecting employment either present or prospective unless the Club with which the player is connected shall have in writing expressly authorized such negotiations prior to their commencement.

 

"6. That in the case of Major League players, the Commissioner of Baseball and in the case of Minor League players, the President of the National Association, may determine that the best interests of the game require a player to be declared ineligible and, after such declaration, no club shall be permitted to employ him unless he shall have been reinstated from the ineligible list.

 

"7. That an ineligible player whose name is omitted from a reserve list shall not thereby be rendered eligible for service unless and until he has applied for and been granted reinstatement.

 

"8. That any player who violates his contract or reservation, or who participates in a game with or against a club containing or controlled by ineligible players or a player under indictment for conduct detrimental to the good repute of professional baseball, shall be considered an ineligible player and placed on the ineligible list.

 

"9. That an ineligible player must be reinstated before he may be released from his contract.

 

"10. That clubs shall not tender contracts to ineligible players until they are reinstated.

 

"11. That no club may release unconditionally an ineligible player unless such player is first reinstated from the ineligible list to the active list.

. . . . .

"XIII.

 

 

The complaint also contains a separate cause of action alleging that the defendants, by virtue of their agreements, have entered into a combination and conspiracy in the restraint of trade or commerce among the several states, and another cause of action alleging that the defendants have, by their agreements, combined to monopolize professional baseball in the United States.

[ Footnote 11 ] E. g., Congress has expressly exempted certain specific activities from the Sherman Act, as in 6 of the Clayton Act, 38 Stat. 731, 15 U.S.C. 17 (labor organizations), in the Capper-Volstead Act, 42 Stat. 388-389, 7 U.S.C. 291, 292 (farm cooperatives), and in the McCarran-Ferguson Act, 59 Stat. 34, 61 Stat. 448, 15 U.S.C. (Supp. V) 1013 (insurance). And see Apex Hosiery Co. v. Leader, 310 U.S. 469, 501 , 512. [346 U.S. 356, 366] 
 
 
Banner

Poll

Should MLB Force Jeffery Loria to Sell the Marlins?