Home BoB Documents Flood v. Kuhn

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 402 guests online

Atom RSS

Flood v. Kuhn PDF Print E-mail
User Rating: / 66
PoorBest 
Selection of Docs
Written by Court Ruling   
Sunday, 18 June 1972 12:00

407 U.S. 258

FLOOD v. KUHN ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

No. 71-32.

Argued March 20, 1972
Decided June 19, 1972

Petitioner, a professional baseball player "traded" to another club without his previous knowledge or consent, brought this antitrust suit after being refused the right to make his own contract with another major league team, which is not permitted under the reserve system. The District Court rendered judgment in favor of respondents, and the Court of Appeals affirmed. Held: The longstanding exemption of professional baseball from the antitrust laws, Federal Baseball Club v. National League, 259 U.S. 200 (1922); Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953), is an established aberration, in the light of the Court's holding that other interstate professional sports are not similarly exempt, but one in which Congress has acquiesced, and that is entitled to the benefit of stare decisis. Removal of the resultant inconsistency at this late date is a matter for legislative, not judicial, resolution. Pp. 269-285.

It is a century and a quarter since the New York Nine defeated the Knickerbockers 23 to 1 on Hoboken's [407 U.S. 258, 261] Elysian Fields June 19, 1846, with Alexander Jay Cartwright as the instigator and the umpire. The teams were amateur, but the contest marked a significant date in baseball's beginnings. That early game led ultimately to the development of professional baseball and its tightly organized structure.

And one recalls the appropriate reference to the "World Serious," attributed to Ring Lardner, Sr.; Ernest L. Thayer's "Casey at the Bat"; 4 the ring of "Tinker to [407 U.S. 258, 264] Evers to Chance"; 5 and all the other happenings, habits, and superstitions about and around baseball that made it the "national pastime" or, depending upon the point of view, "the great American tragedy." 6

The petitioner, Curtis Charles Flood, born in 1938, began his major league career in 1956 when he signed a contract with the Cincinnati Reds for a salary of $4,000 for the season. He had no attorney or agent to advise him on that occasion. He was traded to the St. Louis Cardinals before the 1958 season. Flood rose to fame as a center fielder with the Cardinals during the years 1958-1969. In those 12 seasons he compiled a batting average of .293. His best offensive season was 1967 when he achieved .335. He was .301 or better in six of the 12 St. Louis years. He participated in the 1964, 1967, and 1968 World Series. He played error less ball in the field in 1966, and once enjoyed 223 consecutive errorless games. Flood has received seven Golden Glove Awards. He was co-captain of his team from 1965-1969. He ranks among the 10 major league outfielders possessing the highest lifetime fielding averages. [407 U.S. 258, 265]

Flood declined to play for Philadelphia in 1970, despite a $100,000 salary offer, and he sat out the year. After the season was concluded, Philadelphia sold its rights to Flood to the Washington Senators. Washington and the petitioner were able to come to terms for 1971 at a salary of $110,000. 8 Flood started the season but, apparently because he was dissatisfied with his performance, he left the Washington club on April 27, early in the campaign. He has not played baseball since then.

On appeal, the Second Circuit felt "compelled to affirm." 443 F.2d 264, 265 (1971). It regarded the issue of state law as one of first impression, but concluded that the Commerce Clause precluded its application. Judge Moore added a concurring opinion in which he predicted, with respect to the suggested overruling of Federal Baseball and Toolson, that "there is no likelihood that such an event will occur." 9 443 F.2d, at 268, 272. [407 U.S. 258, 269]

A. Federal Baseball Club v. National League, 259 U.S. 200 (1922), was a suit for treble damages instituted by a member of the Federal League (Baltimore) against the National and American Leagues and others. The plaintiff obtained a verdict in the trial court, but the Court of Appeals reversed. The main brief filed by the plaintiff with this Court discloses that it was strenuously argued, among other things, that the business in which the defendants were engaged was interstate commerce; that the interstate relationship among the several clubs, located as they were in different States, was predominant; that organized baseball represented an investment of colossal wealth; that it was an engagement in moneymaking; that gate receipts were divided by agreement between the home club and the visiting club; and that the business of baseball was to be distinguished from the mere playing of the game as a sport for physical exercise and diversion. See also 259 U.S., at 201 -206.

"The business is giving exhibitions of base ball, which are purely state affairs. . . . But the fact that in order to give the exhibitions the Leagues must induce free persons to cross state lines and [407 U.S. 258, 270] must arrange and pay for their doing so is not enough to change the character of the business. . . . [T]he transport is a mere incident, not the essential thing. That to which it is incident, the exhibition, although made for money would not be called trade or commerce in the commonly accepted use of those words. As it is put by the defendants, personal effort, not related to production, is not a subject of commerce. That which in its consummation is not commerce does not become commerce among the States because the transportation that we have mentioned takes place. To repeat the illustrations given by the Court below, a firm of lawyers sending out a member to argue a case, or the Chautauqua lecture bureau sending out lecturers, does not engage in such commerce because the lawyer or lecturer goes to another State.

"If we are right the plaintiff's business is to be described in the same way and the restrictions by contract that prevented the plaintiff from getting players to break their bargains and the other conduct charged against the defendants were not an interference with commerce among the States." 259 U.S., at 208 -209. 10 [407 U.S. 258, 271]

B. Federal Baseball was cited a year later, and without disfavor, in another opinion by Mr. Justice Holmes for a unanimous Court. The complaint charged antitrust violations with respect to vaudeville bookings. It was held, however, that the claim was not frivolous and that the bill should not have been dismissed. Hart v. B. F. Keith Vaudeville Exchange, 262 U.S. 271 (1923). 11

In the years that followed, baseball continued to be subject to intermittent antitrust attack. The courts, however, rejected these challenges on the authority of Federal Baseball. In some cases stress was laid, although unsuccessfully, on new factors such as the development of radio and television with their substantial additional revenues to baseball. 12 For the most part, however, the Holmes opinion was generally and necessarily accepted as controlling authority. 13 And in the 1952 Report of the Subcommittee on Study of Monopoly Power of the House Committee on the Judiciary, H. R. Rep. No. 2002, 82d Cong., 2d Sess., 229, it was said, in conclusion:

"On the other hand the overwhelming preponderance of the evidence established baseball's need for some sort of reserve clause. Baseball's history shows that chaotic conditions prevailed when there was no reserve clause. Experience points to no feasible substitute to protect the integrity of the game or to guarantee a comparatively even competitive [407 U.S. 258, 273] struggle. The evidence adduced at the hearings would clearly not justify the enactment of legislation flatly condemning the reserve clause."

C. The Court granted certiorari, 345 U.S. 963 (1953), in the Toolson, Kowalski, and Corbett cases, cited in nn. 12 and 13, supra, and, by a short per curiam (Warren, C. J., and Black, Frankfurter, DOUGLAS, Jackson, Clark, and Minton, JJ.), affirmed the judgments of the respective courts of appeals in those three cases. Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953). Federal Baseball was cited as holding "that the business of providing public baseball games for profit between clubs of professional baseball players was not within the scope of the federal antitrust laws," 346 U.S., at 357 , and:

". . . If the Toolson holding is to be expanded - or contracted - the appropriate remedy lies with Congress." 348 U.S., at 228 -230.

E. United States v. International Boxing Club, 348 U.S. 236 (1955), was a companion to Shubert and was decided the same day. This was a civil antitrust action against defendants engaged in the business of promoting professional championship boxing contests. Here again the District Court had dismissed the complaint in reliance upon Federal Baseball and Toolson. The Chief Justice observed that "if it were not for Federal Baseball and Toolson, we think that it would be too clear for dispute that the Government's allegations bring the defendants within the scope of the Act." 348 U.S., at 240 -241. He pointed out that the defendants relied on the two baseball cases but also would have been content with a more restrictive interpretation of them than the Shubert defendants, for the boxing defendants argued that the cases immunized only businesses that involve exhibitions of an athletic nature. The Court accepted neither argument. It again noted, 348 U.S., at 242 , that "Toolson neither overruled Federal Baseball nor necessarily reaffirmed all that was said in Federal Baseball." It stated:

"The controlling consideration in Federal Baseball and Hart was, instead, a very practical one - the degree of interstate activity involved in the particular business under review. It follows that stare decisis cannot help the defendants here; for, contrary to their argument, Federal Baseball did not hold that all businesses based on professional sports were outside the scope of the antitrust laws. The issue confronting us is, therefore, not whether a previously granted exemption should continue, [407 U.S. 258, 277] but whether an exemption should be granted in the first instance. And that issue is for Congress to resolve, not this Court." 348 U.S., at 243 .

The Court noted the presence then in Congress of various bills forbidding the application of the antitrust laws to "organized professional sports enterprises"; the holding of extensive hearings on some of these; subcommittee opposition; a postponement recommendation as to baseball; and the fact that "Congress thus left intact the then-existing coverage of the antitrust laws." 348 U.S., at 243 -244.

Mr. Justice Frankfurter, joined by Mr. Justice Minton, dissented. "It would baffle the subtlest ingenuity," he said, "to find a single differentiating factor between other sporting exhibitions . . . and baseball insofar as the conduct of the sport is relevant to the criteria or considerations by which the Sherman Law becomes applicable to a `trade or commerce.'" 348 U.S., at 248 . He went on:

This Court reversed with an opinion by Mr. Justice Clark. He said that the Court made its ruling in Toolson "because it was concluded that more harm would be done in overruling Federal Baseball than in upholding a ruling which at best was of dubious validity." 352 U.S., at 450 . He noted that Congress had not acted. He then said:

"All this, combined with the flood of litigation that would follow its repudiation, the harassment that would ensue, and the retroactive effect of such a decision, led the Court to the practical result that [407 U.S. 258, 279] it should sustain the unequivocal line of authority reaching over many years.

Mr. Justice Frankfurter dissented essentially for the reasons stated in his dissent in International Boxing, [407 U.S. 258, 280] 352 U.S., at 455 . Mr. Justice Harlan, joined by MR. JUSTICE BRENNAN, also dissented because he, too, was "unable to distinguish football from baseball." 352 U.S., at 456 . Here again the dissenting Justices did not call for the overruling of the baseball decisions. They merely could not distinguish the two sports and, out of respect for stare decisis, voted to affirm.

G. Finally, in Haywood v. National Basketball Assn., 401 U.S. 1204 (1971), MR. JUSTICE DOUGLAS, in his capacity as Circuit Justice, reinstated a District Court's injunction pendente lite in favor of a professional basketball player and said, "Basketball . . . does not enjoy exemption from the antitrust laws." 401 U.S., at 1205 . 15

I. Legislative proposals have been numerous and persistent. Since Toolson more than 50 bills have been introduced in Congress relative to the applicability or nonapplicability of the antitrust laws to baseball. 17 A few of these passed one house or the other. Those that did would have expanded, not restricted, the reserve system's exemption to other professional league sports. And the Act of Sept. 30, 1961, Pub. L. 87-331, 75 Stat. 732, and the merger addition thereto effected by the Act of Nov. 8, 1966. Pub. L. 89-800, 6 (b), [407 U.S. 258, 282] 80 Stat. 1515, 15 U.S.C. 1291-1295, were also expansive rather than restrictive as to antitrust exemption. 18

4. Other professional sports operating interstate - football, [407 U.S. 258, 283] boxing, basketball, and, presumably, hockey 19 and golf 20 - are not so exempt.

This emphasis and this concern are still with us. We continue to be loath, 50 years after Federal Baseball and almost two decades after Toolson, to overturn those cases judicially when Congress, by its positive inaction, [407 U.S. 258, 284] has allowed those decisions to stand for so long and, far beyond mere inference and implication, has clearly evinced a desire not to disapprove them legislatively.

The conclusion we have reached makes it unnecessary for us to consider the respondents' additional argument that the reserve system is a mandatory subject of collective bargaining and that federal labor policy therefore exempts the reserve system from the operation of federal antitrust laws. 22

"Without re-examination of the underlying issues, the [judgment] below [is] affirmed on the authority of Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs, supra, 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." 346 U.S., at 357 .

[ Footnote 2 ] See generally The Baseball Encyclopedia (1969); L. Ritter, The Glory of Their Times (1966); 1 & 2 H. Seymour, Baseball (1960, 1971); 1 & 2 D. Voigt, American Baseball (1966, 1970).

[ Footnote 3 ] These are names only from earlier years. By mentioning some, one risks unintended omission of others equally celebrated.

[ Footnote 4 ] Millions have known and enjoyed baseball. One writer knowledgeable in the field of sports almost assumed that everyone did until, one day, he discovered otherwise:

[ Footnote 7 ] Concededly supported by the Major League Baseball Players Association, the players' collective-bargaining representative. Tr. of Oral Arg. 12.

[ Footnote 8 ] The parties agreed that Flood's participating in baseball in 1971 would be without prejudice to his case.

[ Footnote 9 ] "And properly so. Baseball's welfare and future should not be for politically insulated interpreters of technical antitrust statutes but rather should be for the voters through their elected representatives. If baseball is to be damaged by statutory regulation, let the congressman face his constituents the next November and also face the consequences of his baseball voting record." 443 F.2d, at 272.

Cf. Judge Friendly's comments in Salerno v. American League, 429 F.2d 1003, 1005 (CA2 1970), cert. denied, sub nom. Salerno v. Kuhn, 400 U.S. 1001 (1971):

"We freely acknowledge our belief that Federal Baseball was not one of Mr. Justice Holmes' happiest days, that the rationale of Toolson is extremely dubious and that, to use the Supreme Court's [407 U.S. 258, 269] own adjectives, the distinction between baseball and other professional sports is `unrealistic,' `inconsistent' and `illogical.'. . . While we should not fall out of our chairs with surprise at the news that Federal Baseball and Toolson had been overruled, we are not at all certain the Court is ready to give them a happy despatch."

[ Footnote 10 ] "What really saved baseball, legally at least, for the next half century was the protective canopy spread over it by the United States Supreme Court's decision in the Baltimore Federal League anti-trust suit against Organized Baseball in 1922. In it Justice Holmes, speaking for a unanimous court, ruled that the business of giving baseball exhibitions for profit was not `trade or commerce in the commonly-accepted use of those words' because `personal effort, not related to production, is not a subject of commerce'; nor was it interstate, because the movement of ball clubs across state lines was merely `incidental' to the business. It should be noted that, contrary to what many believe, Holmes did call baseball a business; time and again those who have not troubled to read the text of the decision have claimed incorrectly that the court said baseball was a sport and not a business." 2 H. Seymour, Baseball 420 (1971).

[ Footnote 11 ] On remand of the Hart case the trial court dismissed the complaint at the close of the evidence. The Second Circuit affirmed on the ground that the plaintiff's evidence failed to establish that the interstate transportation was more than incidental. 12 F.2d 341 (1926). This Court denied certiorari, 273 U.S. 703 (1926).

[ Footnote 12 ] Toolson v. New York Yankees, Inc., 101 F. Supp. 93 (SD Cal. 1951), aff'd, 200 F.2d 198 (CA9 1952); Kowalski v. Chandler, 202 F.2d 413 (CA6 1953). See Salerno v. American League, 429 F.2d 1003 (CA2 1970), cert, denied, sub nom. Salerno v. Kuhn, 400 U.S. 1001 (1971). But cf. Gardella v. Chandler, 172 F.2d 402 (CA2 1949) (this case, we are advised, was subsequently settled); Martin v. National League Baseball Club, 174 F.2d 917 (CA2 1949).

[ Footnote 13 ] Corbett v. Chandler, 202 F.2d 428 (Ca6 1953); Portland Baseball Club, Inc. v. Baltimore Baseball Club, Inc., 282 F.2d 680 (CA9 1960); Niemiec v. Seattle Rainier Baseball Club, Inc., 67 F. Supp. 705 (WD Wash. 1946). See State v. Milwaukee Braves, Inc., 31 Wis. 2d 699, 144 N. W. 2d 1, cert. denied, 385 U.S. 990 (1966).

[ Footnote 14 ] The case's final chapter is International Boxing Club v. United States, 358 U.S. 242 (1959).

[ Footnote 15 ] See also Denver Rockets v. All-Pro Management, Inc., 325 F. Supp. 1049, 1060 (CD Cal. 1971); Washington Professional Basketball Corp. v. National Basketball Assn., 147 F. Supp. 154 (SDNY 1956).

[ Footnote 16 ] Neville, Baseball and the Antitrust Laws, 16 Fordham L. Rev. 208 (1947); Eckler, Baseball - Sport or Commerce?, 17 U. Chi. L. Rev. 56 (1949); Comment, Monopsony in Manpower: Organized Baseball Meets the Antitrust Laws, 62 Yale L. J. 576 (1953); P. Gregory, The Baseball Player, An Economic Study, c. 19 (1956); Note, The Super Bowl and the Sherman Act: Professional Team Sports and the Antitrust Laws, 81 Harv. L. Rev. 418 (1967); The Supreme Court, 1953 Term, 68 Harv. L. Rev. 105, 136-138 (1954); The Supreme Court, 1956 Term, 71 Harv. L. Rev. 94, 170-173 (1957); Note, 32 Va. L. Rev. 1164 (1946); Note, 24 Notre Dame Law. 372 (1949); Note, 53 Col. L. Rev. 242 (1953); Note, 22 U. Kan. City L. Rev. 173 (1954); Note, 25 Miss. L. J. 270 (1954); Note, 29 N. Y. U. L. Rev. 213 (1954); Note, 105 U. Pa. L. Rev. 110 (1956); Note, 32 Texas L. Rev. 890 (1954); Note, 35 B. U. L. Rev. 447 (1955); Note, 57 Col. L. Rev. 725 (1957); Note, 23 Geo. Wash. L. Rev. 606 (1955); Note, 1 How. L. J. 281 (1955); Note, 26 Miss. L. J. 271 (1955); Note, 9 Sw. L. J. 369 (1955); Note, 29 Temple L. Q. 103 (1955); Note, 29 Tul. L. Rev. 793 (1955); Note, 62 Dick. [407 U.S. 258, 281] L. Rev. 96 (1957); Note, 11 Sw. L. J. 516 (1957); Note, 36 N.C. L. Rev. 315 (1958); Note, 35 Fordham L. Rev. 350 (1966); Note, 8 B. C. Ind. & Com. L. Rev. 341 (1967); Note, 13 Wayne L. Rev. 417 (1967); Note, 2 Rutgers-Camden L. J. 302 (1970); Note, 8 San Diego L. Rev. 92 (1970); Note, 12 B. C. Ind. & Com. L. Rev. 737 (1971); Note, 12 Wm. & Mary L. Rev. 859 (1971).

[ Footnote 17 ] Hearings on H. R. 5307 et al. before the Antitrust Subcommittee of the House Committee on the Judiciary, 85th Cong., 1st Sess. (1957); Hearings on H. R. 10378 and S. 4070 before the Subcommittee on Antitrust and Monopoly of the Senate Committee on the Judiciary, 85th Cong., 2d Sess. (1958); Hearings on H. R. 2370 et al. before the Antitrust Subcommittee of the House Committee on the Judiciary, 86th Cong., 1st Sess. (1959) (not printed); Hearings on S. 616 and S. 886 before the Subcommittee on Antitrust and Monopoly of the Senate Committee on the Judiciary, 86th Cong., 1st Sess. (1959); Hearings on S. 3483 before the Subcommittee on Antitrust and Monopoly of the Senate Committee on the Judiciary, 86th Cong., 2d Sess. (1960); Hearings on S. 2391 before the Subcommittee on Antitrust and Monopoly of the Senate Committee on the Judiciary, 88th Cong., 2d Sess. (1964); S. Rep. No. 1303, 88th Cong., 2d Sess. (1964); Hearings on S. 950 before the Subcommittee on Antitrust and Monopoly of the Senate Committee on the Judiciary, 89th Cong., 1st Sess. (1965); S. Rep. No. 462, 89th Cong., 1st Sess. (1965). Bills introduced in the 92d Cong., 1st Sess., and bearing on the subject are S. 2599, S. 2616, H. R. 2305, H. R. 11033, and H. R. 10825.

[ Footnote 18 ] Title 15 U.S.C. 1294 reads:

[ Footnote 20 ] Deesen v. Professional Golfers' Assn., 358 F.2d 165 (CA9), cert. denied, 385 U.S. 846 (1966).

[ Footnote 21 ] See Brief for Respondent in Federal Baseball, No. 204, O. T. 1921, p. 67, and in Toolson, No. 18, O. T. 1953, p. 30. See also State v. Milwaukee Braves, Inc., 31 Wis. 2d 699, 144 N. W. 2d 1, cert. denied, 385 U.S. 990 (1966).

[ Footnote 22 ] See Jacobs & Winter, Antitrust Principles and Collective Bargaining by Athletes: Of Superstars in Peonage, 81 Yale L. J. 1 (1971), suggesting present-day irrelevancy of the antitrust issue.

In 1922 the Court had a narrow, parochial view of commerce. With the demise of the old landmarks of that era, particularly United States v. Knight Co., 156 U.S. 1 , Hammer v. Dagenhart, 247 U.S. 251 , and Paul v. Virginia, 8 Wall. 168, the whole concept of commerce has changed.

Under the modern decisions such as Mandeville Island Farms v. American Crystal Sugar Co., 334 U.S. 219 ; United States v. Darby, 312 U.S. 100 ; Wickard v. Filburn, 317 U.S. 111 ; United States v. South-Eastern Underwriters Assn., 322 U.S. 533 , the power of Congress was recognized as broad enough to reach all phases of the vast operations of our national industrial system. [407 U.S. 258, 287] An industry so dependent on radio and television as is baseball and gleaning vast interstate revenues (see H. R. Rep. No. 2002, 82d Cong., 2d Sess., 4, 5 (1952)) would be hard put today to say with the Court in the Federal Baseball Club case that baseball was only a local exhibition, not trade or commerce.

If congressional inaction is our guide, we should rely upon the fact that Congress has refused to enact bills broadly exempting professional sports from antitrust regulation. 3 H. R. Rep. No. 2002, 82d Cong., 2d Sess. [407 U.S. 258, 288] (1952). The only statutory exemption granted by Congress to professional sports concerns broadcasting rights. 15 U.S.C. 1291-1295. I would not ascribe a broader exemption through inaction than Congress has seen fit to grant explicitly.

There can be no doubt "that were we considering the question of baseball for the first time upon a clean slate" 4 we would hold it to be subject to federal antitrust regulation. Radovich v. National Football League, 352 U.S. 445, 452 . The unbroken silence of Congress should not prevent us from correcting our own mistakes.

[ Footnote 1 ] While I joined the Court's opinion in Toolson v. New York Yankees, Inc., 346 U.S. 356 , I have lived to regret it; and I would now correct what I believe to be its fundamental error.

[ Footnote 2 ] Had this same group boycott occurred in another industry, Klor's, Inc. v. Broadway-Hale Stores, Inc., 359 U.S. 207 ; United States v. Shubert, 348 U.S. 222 ; or even in another sport, Haywood v. National Basketball Assn., 401 U.S. 1204 (DOUGLAS, J., in chambers); Radovich v. National Football League, 352 U.S. 445 ; United States v. International Boxing Club, 348 U.S. 236 ; we would have no difficulty in sustaining petitioner's claim.

[ Footnote 3 ] The Court's reliance upon congressional inaction disregards the wisdom of Helvering v. Hallock, 309 U.S. 106, 119 -121, where we said:

"Nor does want of specific Congressional repudiations . . . serve as an implied instruction by Congress to us not to reconsider, in the light of new experience . . . those decisions . . . . It would require very persuasive circumstances enveloping Congressional silence to [407 U.S. 258, 288] debar this Court from re-examining its own doctrines. . . . Various considerations of parliamentary tactics and strategy might be suggested as reasons for the inaction of . . . Congress, but they would only be sufficient to indicate that we walk on quicksand when we try to find in the absence of corrective legislation a controlling legal principle."

And see United States v. South-Eastern Underwriters Assn., 322 U.S. 533, 556 -561.

[ Footnote 4 ] This case gives us for the first time a full record showing the reserve clause in actual operation.

To non-athletes it might appear that petitioner was virtually enslaved by the owners of major league baseball clubs who bartered among themselves for his services. But, athletes know that it was not servitude that bound petitioner to the club owners; it was the reserve system. The essence of that system is that a player is bound to the club with which he first signs a contract for the rest of his playing days. 2 He cannot escape from the club except by retiring, and he cannot prevent the club from assigning his contract to any other club.

Petitioner brought this action in the United States District Court for the Southern District of New York. He alleged, among other things, that the reserve system was an unreasonable restraint of trade in violation of [407 U.S. 258, 290] federal antitrust laws. 3 The District Court thought itself bound by prior decisions of this Court and found for the respondents after a full trial. 309 F. Supp. 793 (1970). The United States Court of Appeals for the Second Circuit affirmed. 443 F.2d 264 (1971). We granted certiorari on October 19, 1971, 404 U.S. 880 , in order to take a further look at the precedents relied upon by the lower courts.

This is a difficult case because we are torn between the principle of stare decisis and the knowledge that the decisions in Federal Baseball Club v. National League, 259 U.S. 200 (1922), and Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953), are totally at odds with more recent and better reasoned cases.

In Federal Baseball Club, a team in the Federal League brought an antitrust action against the National and American Leagues and others. In his opinion for a unanimous Court, Mr. Justice Holmes wrote that the business being considered was "giving exhibitions of base ball, which are purely state affairs." 259 U.S., at 208 . Hence, the Court held that baseball was not within the purview of the antitrust laws. Thirty-one years later, the Court reaffirmed this decision, without reexamining it, in Toolson, a one-paragraph per curiam opinion. Like this case, Toolson involved an attack on the reserve system. The Court said:

"The business has . . . been left for thirty years to develop, on the understanding that it was not [407 U.S. 258, 291] subject to existing antitrust legislation. The present cases ask us to overrule the prior decision and, with retrospective effect, hold the legislation applicable. We think that if there are evils in this field which now warrant application to it of the antitrust laws it should be by legislation." Id., at 357.

"Antitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free enterprise. They are as important to the preservation of economic freedom and our free-enterprise system as the Bill of Rights is to the protection of our fundamental personal freedoms. . . . Implicit in such freedom is the notion that it cannot be foreclosed with respect to one sector of the economy [407 U.S. 258, 292] because certain private citizens or groups believe that such foreclosure might promote greater competition in a more important sector of the economy." United States v. Topco Associates, Inc., 405 U.S. 596, 610 (1972).

This Court has faced the interrelationship between the antitrust laws and the labor laws before. The decisions make several things clear. First, "benefits to organized labor cannot be utilized as a cat's-paw to pull employer's chestnuts out of the antitrust fires." United States v. Women's Sportswear Manufacturers Assn., 336 U.S. 460, 464 (1949). See also Allen Bradley Co. v. Local Union No. 3, 325 U.S. 797 (1945). Second, the very nature of a collective-bargaining agreement mandates that the parties be able to "restrain" trade to a greater degree than management could do unilaterally. United States v. Hutcheson, 312 U.S. 219 (1941); United Mine Workers v. Pennington, 381 U.S. 657 (1965); Amalgamated Meat Cutters v. Jewel Tea, 381 U.S. 676 (1965); cf., Teamsters Union v. Oliver, 358 U.S. 283 (1959). Finally, it is clear that some cases can be resolved only by examining the purposes and the competing interests of the labor and antitrust statutes and by striking a balance.

It is apparent that none of the prior cases is precisely in point. They involve union-management agreements that work to the detriment of management's competitors. In this case, petitioner urges that the reserve system works to the detriment of labor. [407 U.S. 258, 295]

[ Footnote 2 ] As MR. JUSTICE BLACKMUN points out, the reserve system is not novel. It has been employed since 1887. See Metropolitan Exhibition Co. v. Ewing, 42 F. 198, 202-204 (CC SDNY 1890). The club owners assert that it is necessary to preserve effective competition and to retain fan interest. The players do not agree and argue that the reserve system is overly restrictive. Before this lawsuit was instituted, the players refused to agree that the reserve system should be a part of the collective-bargaining contract. Instead, the owners and players agreed that the reserve system would temporarily remain in effect while they jointly investigated possible changes. Their activity along these lines has halted pending the outcome of this suit.

[ Footnote 3 ] Petitioner also alleged a violation of state antitrust laws, state civil rights laws, and of the common law, and claimed that he was forced into peonage and involuntary servitude in violation of the Thirteenth Amendment to the United States Constitution. Because I believe that federal antitrust laws govern baseball, I find that state law has been pre-empted in this area. Like the lower courts, I do not believe that there has been a violation of the Thirteenth Amendment.

[ Footnote 4 ] In the past this Court has not hesitated to change its view as to what constitutes interstate commerce. Compare United States v. Knight Co., 156 U.S. 1 (1895), with Mandeville Island Farms v. American Crystal Sugar Co., 334 U.S. 219 (1948), and United States v. Darby, 312 U.S. 100 (1941).

[ Footnote 6 ] The lower courts did not reach the question of whether, assuming the antitrust laws apply, they have been violated. This should be considered on remand.

[ Footnote 7 ] Cf. United States v. Hutcheson, 312 U.S. 219 (1941).

[ Footnote 8 ] Jacobs & Winter, Antitrust Principles and Collective Bargaining by Athletes: Of Superstars in Peonage, 81 Yale L. J. 1, 22 (1971). [407 U.S. 258, 297]

 
 
Banner

Poll

Should MLB Force Jeffery Loria to Sell the Marlins?
 


keftab buy online uk meclizine online order from canada benfotiamine non perscription lenses purchase hydrea london generic zovirax pills order glucophage online canadian pharmacy trental king reviews consumer reports where can i purchase glucophage london erexin-v cheapest price where buy cheap prednisolone the uk how can i get indinavir good after expiration date buy lady era claire famvir lowest price tablets buy cheap cabgolin genuine cheapest price on eldepryl philippines buy ventolin evohaler 100 micrograms how can i get uroxatral off order wellbutrin xl online buy copegus online safely reglan online order food buy prazosin online zealand how can i get topamax zoloft shop lotrisone ingredients where to buy celebrex in uk renagel online cheap clothes tretinoin buy online kopen ayurslim buy online how can i get rocaltrol good does singulair over the counter substitute buy cheap revatio usa voltaren over the counter purchase buy ginseng tea online where can i purchase prazosin stored in the body purchase bactroban you adalat cheapest price yojimbo how can i get exelon remove isoptin cheapest price ebay buy cheap anacin new zealand buy wellbutrin xl in australia cheapest price on zantac in the philippines cheap sinemet uk prednisone buy online uk buy cheap vermox ireland how can i get rocaltrol off cabergoline cheapest price dostinex where to buy feldene in toronto how can i get shuddha guggulu oty?os'c' wholesale generic lipothin reviews how can i get finpecia cost acetone hardware shop wholesale generic advair and trade name fast shipping prednisone online canada buy cheap zithromax counter fast shipping voveran online nizoral online cheap farmacia wholesale generic synthroid side effects how can i get cabgolin tablet low cost sinequan medicamento fast shipping erection packs online nz robaxin cheapest price hotels wholesale generic zoloft zoloft where to buy finpecia the uk purchase viagra online with prescription where can i buy fluoxetine kuala lumpur fast shipping viagra online worldwide where to buy tinidazole herx how can i get astelin spray order precose online sale hyaluronic acid sale cream how do i take dramamine rent car low cost cipro generic risperdal have cheap kytril where can i buy synthroid name where can i purchase nootropil order wholesale generic evista release date how can i get stromectol vidal clozaril online cheap dresses buy cheap doxazosin prescription singulair online order safe where to buy doxazosin xl calcium carbonate online cheap shopping order dapoxetine online you lanoxin low price heart rate how ceftin works order viagra online from canada discount card for lipitor wellbutrin low price pain cheapest price on minocycline walmart generic carafate pills look like where to buy benfotiamine in nz over the counter medicine for zofran cozaar buy online fast shipping buy albendazole online uk aceon cheapest price nz wholesale generic singulair effects detrol sale mg ginseng non perscription sunglasses amitriptyline online order you gasex lowest price where to buy detrol powder online order periactin pills where can i purchase cymbalta reviews buy naprosyn online how can i get allegra give my dog where to buy diltiazem real order celadrin online you avandamet online cheap order vytorin online nz how can i get eldepryl work order singulair online illegal order flovent online safely accutane cheapest price uk how can i get advair excreted rosuvastatin online order overnight cabgolin cheapest price yojimbo lisinopril 20 mg order online order gyne lotrimin live how can i get exelon much does cheapest price on singulair walmart where to buy toradol mg chloramphenicol online order pharmacy buy medrol vet vytorin price compare avodart online cheap for sale discount viagra online canada evista buy online mg cheap suprax lama metformin cheapest price tablets canada pharmacy etodolac online cheap himcocid discount zofran xanax wholesale generic valtrex price how can i get benfotiamine cost buy diclofenac gel allopurinol non perscription xanax generic finast fitta diflucan buy online gel order xenical online genuine cheap eurax formula where to buy hydrochlorothiazide canada saw palmetto lowest price comparison where can i purchase coumadin kullan?m? ethionamide online order india how can i get detrol od wholesale generic strattera pharmacy low cost tadapox online where can i purchase micardis online buy tretinoin cream amazon feldene online order zara how can i get a prescription for propecia canada pharmacy paxil settlement how can i get kamagra ebay cheapest price on zetia in canada cheapest price on singulair tablets wholesale generic lopid wiki where can i purchase nootropil south africa how can i get indinavir give fosamax cheapest price ireland generic alesse side effects evista online cheap from canada shop baclofen flonase cheapest price without insurance how can i get coumadin clots where can i purchase azulfidine be stored how can i get trazodone need to snort to trip prograf buy online izle deltasone cheapest price jeans lamisil over the counter canada generic nitrofurantoin vs celexa low price blood cell count zantac online order tracking purchase claritin hour online rocaltrol next day delivery uk cheap plendil work motrin cheapest price street ampicillin non perscription diuretic shop himcolin dosage canadian pharmacy silagra wiki fast shipping synthroid online prescription generic furosemide just as good how can i get dostinex skelaxin cheapest price india generic septilin purim ordering online pristiq going generic over the counter medrol dose pack how can i get haldol know where to buy cialis in new york alli pills sale where to buy bactroban mexico purchase zenegra price how can i get cefadroxil produced cabergoline cheapest price malaysia metoclopramide cheapest price jeans myambutol cheapest price finder combivent non perscription drugs buy revatio online discount gyne lotrimin gyne-lotrimin mycelex-g buy cheap fosamax name buy sinemet next day delivery cheapest price on carafate at walmart mircette buy online canada buy aleve online can you where can i buy xenical how do generic hyaluronic acid yin yoga canadian pharmacy brahmi sharbat finast over the counter uti test actors cheap price to hire order pletal online au buy betnovate skin cream zofran generic walmart where to buy casodex uk where to buy flonase montreal how can i get zocor just stop low cost mentat zigbee how to get off strattera and on adderall generic micardis price cheapest price on venlor generic shop acivir cream fml forte ordering ingredients generic propecia uk order lithium metal fast shipping zyban online pharmacy bystolic cheapest price jumperoo cheap vantine promethazine cheapest price suppository naprosyn buy online confido next day delivery time shallaki next day delivery uk accutane buy online usa lipitor sale pure where can i purchase paroxetine you buy cheap aciphex mexico where can i buy generic valtrex how can i get sarafem expired confido salerno where to buy finpecia pharmacies coumadin non perscription bisogna mangiare discount ginette-35 where to buy micardis mg how can i get prograf long did buy cephalexin canada generic zyrtec pill identification wholesale generic lipothin control purchase levitra line how wellbutrin helps stop smoking how can i get reglan should buy cheap beconase uk advair ordering zofran cheapest price solution cheapest price on adalat retard how can i get serophene to use eldepryl online order food generic of coreg cr order prilosec side over the counter equivalent to singulair moduretic cheapest price list buy aciphex online legal order over the counter valtrex medication aspirin cheapest price usa lincocin buy online sale generic pristiq yahoo nitrofurantoin cheapest price finder effexor ordering line how can i get tulasi kashayam buy alavert in canada shop nolvadex jinekomasti buy suprax online order over the counter equivalent to metformin how can i get detrol starts to work canadian pharmacy for celebrex how can i get beconase nasal buy cheap maxalt uk online order buspar online overnight purchase lipitor drug generic tadalis flashback buy cheap allegra d over the counter raquel allegra discount code buy septilin online india glucophage cheapest price jumperoo voltaren cheapest price sr how can i get erythromycin much buy lisinopril 10 mg purchase meclizine from canada order amoxil illegal low cost coumadin overdose order toradol online buying moduretic online order kaufen low cost glucophage requip sale nz flovent over the counter thailand avapro ordering numbers hyaluronic acid cheapest price powder buy triamterene cheap where to buy metoprolol low cost lotrisone indications ethionamide next day delivery flowers order deltasone online lotensin online cheap outlet where to buy abilify mexico shop diakof sirop provigil over the counter alternative chloramphenicol online order pumpspray kemadrin cheapest price buy cytoxan perth how can i get singulair nyquil generic pilex gun copegus online cheaper alternative generic shuddha guggulu guggulu buy piracetam online canada buy provera online pharmacy generic meclizine tablets lasix sale the philippines order provera online lekara fast shipping nexium online pharmacy buy zovirax online mg buy amantadine cream how can i get allegra klonopin buy brahmi online luvox over the counter drug generic levitra cheap buy neurontin high buy trileptal mg buy beconase diarex cheapest price uk plavix generic or brand discount retin a pregnancy where to buy rosuvastatin new zealand canadian pharmacy coumadin clinic shop paxil xanax buy buspar much trental non perscription eyeglasses where can i purchase liv 52 benefits lithium battery for sale philippines shop eulexin lyrics unisom cheapest price rite aid how can i get finpecia online low cost prevacid otc where to buy omnicef vidal where can i purchase copegus you get buy skelaxin online reviews where can i purchase carafate generic wholesale generic toprol manufacturer mestinon sale australia adalat non perscription inhaler how can i get celebrex xarelto aciphex buy online in canada prandin online cheap in uk buy propecia online uk how can i get cleocin days amantadine non perscription equivalent wholesale generic exelon capsules cytotec lowest price quiapo provera online order znanja engleskog cheap gyne lotrimin over the counter buy cheap viagra in uk detrol sale powder wholesale generic rhinocort name silagra next day delivery xend methotrexate online cheaper version orlistat online cheap how can i get alavert pronounce alavert next day delivery xanax cheapest price on ethionamide canada where to buy zenegra uk where to buy isoniazid powder how can i get coreg metabolized shop arimidex uk discount lady era lovelace order amantadine online mastercard generic saw palmetto liquid extract order doxazosin online au how can i get propranolol if lamisil oral over the counter generic substitute for crestor xeloda over the counter like low cost atorlip atorvastatina buy cheap anacin line robaxin cheapest price jeans is there an over the counter accutane mircette over the counter can you get shop antabuse reaction minocycline lowest price dogs clomid online cheap drug how can i get anafranil stay in your system doxazosin cheapest price mg where can i purchase digoxin you get cheap procardia use is flomax an over the counter drug low cost sarafem work buy cheap decadron online cheapest price on carafate uses cheapest price on cialis black market buy generic astelin how long to get abilify out of system aldactone non perscription glasses buy cheap feldene piroxicam gel wholesale generic prograf makes cheapest price on zantac walmart zantac online order zumiez low cost actos japanese airlines clozaril cheapest price xbox shuddha guggulu ordering vs ayurslim finpecia online order zumiez cialis cheapest price xbox seroquel online order illegal buy accutane online in canada buy cheap alavert d 12 discount on plavix discount floxin antibiotic where to buy zocor korea buy clomid jamaica how can i get mentax high wholesale generic lithium carbonate furosemide for sale low cost nizoral hair discount rental oakville calcium carbonate sale antacid cialis cheapest price at costco where to buy aspirin australia buy pristiq vancouver how can i get allopurinol much how can i get viagra for my husband hyaluronic acid ordering vitamin c cheapest price on flomax at cvs how can i get maxalt xanax at the same time buy eldepryl in singapore azulfidine over the counter australia discount for combivent adalat buy online watching where can i purchase artane advair online order cheap buy ginseng root online shop synthroid can you get clarinex over the counter voltaren non perscription anti inflammatory order sominex online code lisinopril online order zara cheap price on vermox online wholesale generic adalat name how can i get lamisil john;s wort buy xeloda online overnight cheap cialis india kytril non perscription order inderal rx metanx over the counter cafergot non perscription drugs can you get glucophage over the counter order ginette 35 vs. diane 35 savings on celebrex generic accutane drugs canadian pharmacy tadacip cvs online promethazine non perscription prednisolone cheapest price methylprednisolone there generic singulair granules low cost cephalexin how can i get oxytrol vesicare canada pharmacy seroquel recall buy cheapest diovan price where to buy sominex high albendazole lowest price guarantee buy erexin v forum how can i get rosuvastatin high order aceon batteries medrol cheapest price india buy ayurslim online cheap legitimate cialis cheapest price on promethazine xanax buy cheap prandin where to buy triamterene sell shop benadryl jarabe actos sale china how can i get slimex use wholesale generic zoloft lupin hyaluronic acid online cheap vintage provera non perscription xanex purchase doxazosin want protonix buy online fast shipping lioresal generic name vasotec cheapest price nz chloramphenicol online order kaufen shop artane quilt how can i get metoclopramide zantac cymbalta canada pharmacy brahminical social order viagra over the counter turkey buy cheap avodart zealand order doxazosin online epocrates discount final cut pro x how can i get cialis keep you hard buy cheap renagel over counter bystolic lowest price how can i get suhagra long does bonnispaz non perscription diuretic where to buy betnovate lotion doxazosin sale the uk colchicine next day delivery time where to buy prazosin you buy hyaluronic acid powder uk metformin ordering canada where to buy unisom banned buy omnicef mexico lincocin over the counter you buy order tamoxifen citrate celebrex cheapest price hotels order innopran online how can i get zocor quickly generic capecitabine availability mevacor cheapest price mobile how can i get zovirax long to take wholesale generic avalide name over the counter similar to imitrex buy cheap evecare reviews fast shipping fincar online uk fast shipping dapoxetine online pharmacy artane lowest price where can i buy retin a cream how can i get maxalt in a month order maxalt online usa cefadroxil online cheap india how can i get lipothin extreme where can i purchase azulfidine metabolized order albendazole online overnight delivery shop pristiq where to buy glucophage kong vpxl next day delivery quote imdur next day delivery nyc apcalis lowest price india promethazine syrup over the counter buy cheap imitrex nasal spray online buy serevent online legal order generic name of remeron buy imuran from uk buy copegus online zealand cheap gyne lotrimin for yeast infection actos sale dogs meclizine online cheap watches order unisom online ireland slimex buy online in uk lithium cheapest price medication buy dutasteride online maxalt non perscription diuretic how can i get pamelor dose how can you get nolvadex actoplus online order noida cheapest price on zyloprim costco ethionamide next day delivery xanax wholesale generic dapoxetine cheap furosemide buy online real where can i purchase copegus liquid sumycin online order bangalore where to buy prandin from europe buy xeloda online uk seroquel lowest price at walmart generic zocor recall where can i purchase levothroid adelgazar brahmi non perscription drugs how can i get triamterene cat buy aciclovir tablets for cold sores ashwagandha sale uk xalatan over the counter spain cheapest price on eldepryl tablets how can i get diabecon to take diltiazem buy online rx femcare online order zara cheap cymbalta generic fast shipping diflucan online free where can i purchase amantadine pills keppra over the counter i get xenical lowest price tablets can advair be bought over the counter keppra next day delivery nyc where can i purchase procardia pregnancy clarinex sale uk evista online order illegal styplon cheapest price website how much can i get for ginseng prevacid cheapest price generic how can i get cytoxan homemade rogaine sale line shop isoniazid steiner order micronase online buying how can i get evecare review actos non prescription how can i get arimidex you take dostinex buy online generic how can i get vytorin after imitrex sale china zovirax authorized generic prograf cheapest price capsules buy zyvox online prescription roxithromycin online order form singulair non-prescription buy vytorin dogs how can i get clozaril calculate anc lithium cheapest price jumperoo precose over the counter market levlen over the counter motilium online cheap kopen serevent over the counter available purchase digoxin the counter how can i get zofran you take in a day buy cheap deltasone a prescription methotrexate over the counter singapore discount alessi tinidazole cheapest price list hyaluronic acid online cheap gel order detrol online mexico ampicillin online order number how soon can i get pregnant after cytotec wholesale generic zantac prices cheapest price on provera tablet buy cheap flovent online rizact non perscription eyeglasses fast shipping renagel online buy where can i purchase vitamin c powder buy voltaren online bestellen buy roxithromycin mexico claritin cheapest price in egypt buy sominex francisco generic skelaxin their celexa sale australia buy olanzapine online uk buy doxycycline online usa bactrim cheapest price target buy cheap serpina reviews cheapest price on nizoral boots how can i get digoxin zolpidem vytorin sale australia order lady era vulgaris lady era ordering fair buy cheap tinidazole walmart where to buy zyban discovered how can i get eurax been on the market cialis lowest price xperia buy meclizine online usa where can i purchase ginette 35 online generic midamor buy flagyl online cheap fast shipping lisinopril online pharmacy buy cheap famvir a prescription shop sominex in malaysia buy cheap albendazole japan where to buy kytril iv buy cheap dianabol online cardura online order tracking doxazosin over the counter form precose non perscription sleep aids flonase lowest price yojimbo how can i get vytorin much liquid how can i get carafate expired how can i get skelaxin keep where can i purchase lipotrexate pills selling ginseng tennessee buy skelaxin online generic discount citalopram renagel online cheaper version famvir for sale cheapest price on alli iphone 5 erythromycin cheapest price peroxide generic quetiapine xl moduretic online order zara singulair sale toronto ashwagandha online order bangalore buy naprosyn online order is keflex over the counter where to buy diltiazem way micronase next day delivery gifts where can i purchase tamoxifen developed cystone cheapest price where flonase cheaper price nasonex discount alessi tea kettle precose non perscription adderall where to buy amoxil you generic of mircette buy imuran generic doxycycline lowest price target ampicillin next day delivery xanax buy bactroban online rx how can i get himcocid dosage buy cheap zetia generic online accutane order online from canada buy diclofenac hcl can i get augmentin over the counter lipitor ordering a prescription seroquel non perscription pbs how can i get imdur stay in your system generic propecia canada purchase serevent mexico diovan online cheap hct dapoxetine online order tablets how can i get triamterene made low cost maxalt how can i get vytorin zantac together order brahmi online katha naprosyn online order zara emsam lowest price z1 where to buy cephalexin liquid orlistat lowest price generic confido next day delivery nyc how can i get lasix mask other drugs buy isoptin buy retin-a gel buy cheap albenza where to buy tinidazole london generic atarax hydroxyzine hcl tablet exelon ordering online purchase dilantin where can i purchase tinidazole nature how can i get oxytrol remove order prilosec samples zovirax generic price how can i get plaquenil video how can i get mircette until it works cheapest price on singulair in pakistan cost of bupropion at walmart how can i get exelon stop order clonidine online real synthroid next day delivery naproxen over the counter equivalent generic xenical versus generic propecia shedding cheapest price on effexor street buy cheap lioresal counter over the counter proventil inhaler cheap suhagra medicine buy antivert 25mg viramune online order cheap fast shipping finax online benfotiamine next day delivery times glucotrol cheapest price kindle how can i get shallaki ayurvedic how can i get cardizem bolus order ashwagandha mumbai ginseng next day delivery kamagra online cheap venta zocor sale drug prednisone generic for deltasone buy anavar visa cheapest price on orlistat in pakistan where to buy viagra nyc cheapest price on tamoxifen in uk generic version micardis plus tulsi online cheap amrit buy cheap synthroid brand can you buy beconase over the counter lariam online cheap mexico where can i purchase vitamin e oil where can i buy accutane review femara cheapest price in philippines how can i get lasix just stop buy cialis with paypal where can i purchase viramune legal where to buy suprax best place buy lamisil korea rogaine next day delivery nyc buy diflucan 200 mg wholesale generic furosemide trade name where to buy antabuse mg how can i get wellbutrin viibryd together where can i buy nexium online order allegra versace buy kamagra effervescent online best canadian pharmacy cialis how can i get retin-a buy cheap protonix much haldol cheapest price ebay how can i get lamisil normal where to buy haldol cheap aceon buy online for sale ginseng buy online nescafe order arimidex online delivery ashwagandha buy online kaufen motilium online cheap bestellen low cost final expense leads buy cheap pilex forum buy cheap zithromax day delivery danazol online cheap shopping where can i buy advair hfa ciprofloxacin lowest price list saw palmetto online cheap berries over the counter pain killer without aspirin how can i get dilantin prescribed slimex online order kaufen buy ventolin online over the counter in america famvir online order rx actoplus online cheap designer buy cheap celadrin shoes buy lopressor in canada shop nizagara avis how can i get metoclopramide stop vomiting vasotec cheapest price metformin online order rezeptfrei how can i get periactin jarabe generic wellbutrin for anxiety cheap aciphex get cheapest price on rumalaya unguent carafate cheapest price best astelin buy online india buy cheap motilium boots buy cheap minocin how can i get detrol xanax where to buy allopurinol you tenormin lowest price mg aricept non perscription contacts how can i get lisinopril make you feel where to buy lincocin made rogaine lowest price egypt allegra lowest price retail torsemide over the counter bought buy alli uk online buy cheap lincocin melbourne where to buy cafergot cheapest place singulair pills over the counter how can i get tenormin discontinue zocor lowest price xbox low cost innopran xl purchase proventil noroxin online cheap australia aleve cheapest price drug where to buy amoxicillin manufacturer generic prandin go voltaren lowest price rapid 25 how can i get cardura effect cheap retin a qatar bought sinemet online has anyone buy accutane how long after accutane can i get laser hair removal metformin cheapest price manila prometrium online cheap flights zetia cheapest price way where can i purchase keppra prescription purchase prazosin you digoxin non perscription alternative how do i take femara for infertility generic skelaxin gluten free generic version of norvasc wholesale generic tamoxifen who makes how can i get dramamine long buy ciplox kvapky betnovate online order zara cheapest price on altace ramipril where to buy albenza bulk how can i get avapro high buy pariet online bestellen wholesale generic zenegra reviews calcium carbonate ordering medication how can i get abilify value cheapest price on pariet uk purchase niacin pills rosuvastatin sale toronto roxithromycin sale uk where to buy zocor online uk order generic percocet online how can i get depakote be taken shop rental tenancy agreement buy dipyridamole online next day delivery where to buy zocor line uk where can i purchase aciphex pure tricor cheapest price list generic for plaquenil buy generic lithium carbonate where can i buy prednisolone tablets fast shipping lady era online radio hoodia online order food buy lariam online au buy zanaflex you zestril online order zara dilantin over the counter quinn fosamax over the counter singapore cabgolin over the counter strike cheap cozaar dosage wholesale generic retin a brand skelaxin ordering numbers how can i get carafate after detrol online order pills how fluoxetine works in the body where can i purchase kytril flavour wholesale generic avodart name toradol back order buy boat canal du midi where to buy aricept yahoo flagyl sale usa cheap naprosyn nedir canadian pharmacy lamictal coupons where to buy beconase rx buy cialis online nz where to buy cytotec manila xalatan over the counter name diakof online cheap shopping arimidex ordering guide where to buy tetracycline for betta fish how can i get v gel for rabbits purchase cialis zimbabwe domperidone over the counter canada clomid online order legally cabgolin over the counter products contain diclofenac lowest price patch cheap price on dipyridamole very how can i get unisom equal an ambien calcium carbonate lowest price xbox cheapest price on betapace retail purchase arava buy sinemet real buy ginette 35 contraceptive fast shipping arimidex online uk cheapest price on lopid costco buy cheap micardis plus cardizem gtt order topamax cheapest price average buy serevent online legal cheapest price on azulfidine the street plavix non perscription substituable purchase penegra price cheapest price on zetia street buy cheap shallaki ayurveda where to buy antabuse brisbane lamisil lowest price xbox generic meclizine 25 mg ginette-35 online order india how can i get zebeta finpecia cheapest price in south africa detrol and generic buy cheap eldepryl over counter voveran non perscription drugs shop dostinex bula purchase himplasia india where to buy prandin liquid lexapro next day delivery gifts where can i purchase cozaar manufacturer xeloda online order number how can i get nexium you take in a day calcium carbonate ordering msds cheapest price on mestinon generic stromectol cheapest price australia where to buy arava places ginseng cheapest price digging midamor lowest price online ponstel online order return where can i purchase keppra powder buy aceon from canada how can i get fincar to take where to buy abilify best place discount orlistat yahoo benadryl online order return nicotinell cheapest price canada where to buy mevacor lovastatin cheap sominex products order prandin work how can i get prograf long low cost naprosyn dosage generic prandin without insurance buy cheap propranolol jeuk generic to celexa azulfidine online cheap dresses coreg non perscription beta blocker roxithromycin lowest price guarantee can i order metformin online fml forte ordering for pink eye lisinopril non perscription to buy hyzaar cheapest price xbox lithium lowest price analysis copegus lowest price z10 buy toradol vegas generic celebrex date voveran cheapest price gel prinivil over the counter i buy where to buy flovent place fosamax buy online prescription where to buy ayurslim testimonial buy furosemide real buy fosamax online mastercard how can i get stromectol quickly does anafranil online cheap canada is minocycline generic for solodyn dulcolax shop dramamine non perscription sedating where to buy zovirax way copegus ordering canada order lariam online mastercard buy generic strattera online medrol online cheap dose pack anacin online cheap products cozaar online order zara where can i purchase roxithromycin orifarm where can i purchase phenergan qtc how can i get suprax cure gonorrhea where can i purchase zaditor found can you buy metformin over the counter in usa venlor ordering numbers where can i buy propecia pills fast shipping amoxil online kamagra online cheap now fast shipping zithromax online usa cozaar ordering on line generic cialis cost amoxicillin 500 mg order online cheapest price on glucophage zealand paxil lowest price for generic wholesale generic uroxatral equivalent toprol xl discount card where to buy adalat mumbai cardizem non prescription buy rhinocort review raglan surf shop tulasi sales corporation precose cheapest price sa how can i get trental pronounce lasuna lowest price list lipitor online order generic how can i get xenical long buy fml forte sus 0.25 op lariam online order offers where can i purchase rizact tablet generic lariam photo discount rental airdrie how can i get aceon know if cheapest price on naprosyn fort zebeta online cheap india olanzapine lowest price of generic actos non perscription contacts where to buy abilify los angeles deltasone sale online buy anacin miami brahmi lowest price hair oil generic for avodart generic levitra legal xalatan buy online mims generic himcolin gel how can i get levothroid cost without insurance where to buy robaxin england purchase ayurslim reviews florinef online cheap vintage buy vermox tablets ginseng buy online from korea how can i get plendil cheapest price on zovirax the u.s how can i get mestinon be taken low cost orlistat emagrece cheapest price on mircette online buy cefadroxil prescription benicar low price blood sugar discount lithium ion batteries buy dipyridamole online get over the counter form of viagra ordering generic viagra how can i get prandin expiration date lasuna online order form buy cheap elavil prescription buy toradol you low cost adalat full generic bystolic 5 mg buy elavil bulk lexapro online cheap vintage buy femcare ermelo etodolac over the counter u purchase generic xenical just as good sumycin next day delivery quote nicotinell cheapest price hotels how can i get xalatan much liquid where to buy finasteride uk generic wellbutrin sr reviews where to buy anavar online yahoo buy decadron jarabe how can i get proscar mg endep non perscription diuretic shop revatio thailand diflucan sale xbox order florinef online sale generic nicotine patch review buy cheap vermox new zealand generic levitra have lasix low price heart rate flonase vs over the counter buy ginette 35 tablet uses where can i purchase stromectol the uk buy prograf online season 1 ciprofloxacin online cheap get order bystolic online real buy cheap ventolin jarabe benadryl buy online purchase lady era fair desyrel buy online font liv 52 sale malaysia buy mestinon online kopen wholesale generic clomid vs name brand cheap v gel gel gtcc v glycomet lowest price sr 1gm buy accutane online australia where can i purchase prazosin in toronto where can i buy rogaine from amaryl cheapest price uk actonel lowest price walmart arimidex non perscription equivalent buy cheap propecia by merck buy cheap dulcolax nz generic claritin for dogs buy dostinex tablets metformin low price vitamin b12 generic anacin order renagel online mims how can i get zyloprim buy cheapest price on claritin get cheapest price on plaquenil vidal buy nolvadex india buy lasix for dogs buy mentax cream risperdal online order from canada buy buspar vegas cheapest price on fucidin retail how can i get cytotec in dubai clomid next day delivery nyc cheap price on effexor xr generic generic imitrex india casodex cheapest price finder discounts on zofran cheapest price on beconase in usa ranitidine generic drug zovirax from canadian pharmacy where can i purchase zetia rx zerit cheapest price online mircette cheapest price kindle mail order crestor pyridium generic name low cost avapro hct buy valtrex online uk pilex buy online tablets seroquel next day delivery nyc zoloft buy online sale order allopurinol dosage how to get off paxil naturally how can i get evista kompendium cheapest price on zyloprim generico low cost cystone tablets how can i get maxalt naproxen where can i purchase alesse reviews valtrex cheapest price with insurance cheapest price on finpecia kumrek olanzapine non perscription glasses cheap lady era gaga antes de ser famosa where to buy famvir vancouver buy promethazine uk canadian pharmacy chloroquine cheapest price on zestoretic vidal desyrel lowest price z1 discount erexin-v order effexor online buy cozaar dosage buy cialis legally online albendazole ordering canada cheap nimotop grageas dostinex buy online in uk ginette-35 online order zumiez over the counter antivert for vertigo cheap alesse online buy copegus zealand how can i get cephalexin for strep throat hyzaar non perscription glasses sumycin cheapest price ebay azulfidine lowest price xperia augmentin lowest price dds where can i purchase haldol cheapest price on chloramphenicol eye drops order lady era fame actoplus cheapest price met generic buy cheap meclizine walmart astelin online order zara how can i get dilantin has buy cheap stromectol vidal buy cheap generic viagra uk buy cialis online pharmacy trileptal lowest price generic buy viagra generic buy sinemet online fast delivery order lithium aluminum hydride how can i get wellbutrin i stop smoking clozaril lowest price yojimbo dipyridamole online order illegal buy xalatan online overnight fertomid next day delivery quote suhagra non perscription pharmacy prevacid lowest price solutab where to buy metoclopramide work in the body zithromax lowest price without insurance where to buy cafergot york purchase paroxetine reviews erythromycin cheapest price ethylsuccinate can i get rogaine over the counter prevacid over the counter mg where can i purchase doxazosin online emsam lowest price increase serevent over the counter i get mycelex-g online order bangalore canada pharmacy exelon energy where to buy stromectol canada shop flonase generic where can i purchase azulfidine work in the body order detrol by mail cheapest price on alli at walmart where can i purchase rhinocort turbuhaler lozol online cheap vintage where to buy dapoxetine zimbabwe imitrex on backorder order zetia online delivery where to buy arimidex in canada lasix ordering guide trandate online cheap kurti how can i get erythromycin look like generic hyaluronic acid zimmer cheapest price on proscar hair metoclopramide online cheap purchase diakof sirop where can i purchase tamoxifen peptides dostinex over the counter have over the counter version of zofran buy cheap detrol vancouver where to buy zovirax in malaysia order nimotop ulotka order zocor online can u where to buy allopurinol rx cialis compare discount price buy zocor online legal order discount femcare nikomed sale singular or plural tadacip lowest price xperia buy cheap bactroban zalf dipyridamole online cheap alternative generic flomax for sale zyprexa cheapest price injection buy cheap rhinocort nasal spray wholesale generic coreg who makes canadian pharmacy trental hcg injections buy rhinocort turbuhaler shop calan silagra online order ever ordered canadian pharmacy menosan reviews ethionamide over the counter buy cheap precose uk cheap levitra canada zoloft non perscription addictive buy cheap keppra zealand fosamax sale powder order imitrex a prescription zanaflex sale prescription augmentin non perscription without how can i get fertomid soon does acivir cheapest price finder stromectol over the counter lotensin next day delivery uk buspar sale price lariam cheapest price yojimbo order exelon online bill pay precose online cheap get fast shipping tofranil online cozaar low price blood sugar how can i get lariam prescribe methotrexate sale the philippines shop minocycline acne purchase florinef bula discount retin a online generic cialis canada non generic prednisone rocaltrol next day delivery nyc ordering rogaine foam canada augmentin sale price isoniazid buy online sale fosamax buy online with paypal how can i get alesse plavix cheapest price hong kong anacin cheapest price canada cheapest price on liv 52 uk how can i get periactin should zithromax cheapest price yojimbo low cost aleve feminax cefadroxil over the counter u buy rosuvastatin over the counter dogs can you buy zaditor over the counter ginseng cheapest price tea wholesale generic biaxin free shop liv 52 kepenims cheapest price on lithium youtube where to buy nolvadex and clomid purchase hydrochlorothiazide bangkok capoten non perscription uk how can i get clomid without insurance tadacip buy online kaufen bactroban non perscription xanax lasuna online cheap flights wholesale generic bactroban for bactroban where can i purchase buspar xanax discount flexisyn uk can you get inderal over the counter shop celadrin london buy celebrex from canada singulair online order mg saw palmetto non perscription xanax suhagra online cheap kurti v gel over the counter you buy feldene gel purchase lanoxin x3a shop confido himalaya ventolin lowest price xbox levitra lowest price vs cialis buy cheap copegus alternative generic keppra coupon trental online order offer cheapest price on dilantin retail buy cheap proscar india wholesale generic nexium goes generic pletal equivalent lamictal cheapest price in india buy cheap zoloft uk cheapest price on chloroquine walmart canadian pharmacy ginseng farm low cost anacin dosage where to buy mentax online micronase buy online sale how can i get dulcolax zinc undecylenate generic aceon going zetia generic equivalent buy unisom online malaysia zofran to buy cheapest price on olanzapine cvs buy phenergan online australia cozaar online order coupons cialis cheapest price jumperoo zithromax online order generic paxil cheapest price with insurance buy aciclovir line uk actors online order an nba legend where to buy diflucan generic how to get medrol out of your system how can i get albenza kill worms buy pentax q7 meclizine over the counter equivalent fosamax sales 2011 cheapest price on tetracycline increase hyaluronic acid sale msds how can i get bentyl has how can i get proscar long to take effect where can i purchase antivert sell zocor sale hydrochloride purchase lipotrexate nutrients buy doxazosin online legal order where to buy prednisone legal ashwagandha root for sale capoten sale how can i get brahmi nauvari saree purchase flomax you avana online order zara kytril ordering numbers where can i buy tetracycline pharmacy discount periactin liquid robaxin online order safe cheapest price on ampicillin vial cheap tinidazole buy where to buy risperdal vidal buy cheap requip dogs altace non perscription viagra buy cheap indinavir rx deltasone over the counter can you get ordering periactin generic viagra user reviews how can i get hydrochlorothiazide just stop where to buy buspar mexico order voltaren gel online cheapest price on sominex hong kong generic to avodart how can i get avodart you use cheapest price on zetia kg cheapest price on clonidine buy zanaflex online kopen where can i purchase aciphex reviews zestril online cheap xbox order doxazosin online best place where can i purchase isoniazid online famvir sale where can i purchase kytril nedir cyklokapron cheapest price finder wholesale generic micardis equivalent cheapest price on isoniazid usa how can i get haldol you feel where to buy tretinoin cream uk fluoxetine online order dogs clozaril cheapest price uk digoxin low price bp generic diovan us rizact buy online flipkart lotrisone cheapest price australia order hyaluronic acid mask aspirin non perscription liquid pain reliever buy cheap torsemide equivalent how can i get allopurinol feel discount shuddha guggulu cost buy albenza online without ditropan online order tracking citalopram online cheap clothes buy strattera online reviews where to buy lariam gel where to buy chloroquine and proguanil order alli online venda cheap cipro xr lithium shop vac cheapest price on lotrisone retail cheapest price on vermox list where can i buy lisinopril in toronto benadryl lowest price uk emsam sale report wholesale generic prilosec dosage buy chloromycetin online you exelon patch over the counter how can i get celadrin high ayurslim online order form where can i purchase colospa uses anacin cheapest price online buy avodart tadalis non perscription xanax generic clarina limerick chloromycetin non perscription propranolol low price mood where can i purchase zocor produced buy bupropion hcl xl bentyl over the counter philippines beconase cheapest price melbourne aricept discount card can i buy proventil over the counter order prograf online free stream low cost medrol flagyl cheapest price australia cheap dapoxetine sildenafil order paroxetine online free buy cheap erythromycin benzoyl peroxide topical gel online imuran online cheap dresses buy cheap liv 52 jarabe rizact online cheap dresses revatio non perscription walmart where to buy minocycline mestinon over the counter dogs buy eulexin tablets where to buy doxazosin over the counter plendil online order zumiez requip non perscription insulin zithromax lowest price at walgreens deltasone cheapest price melbourne precose over the counter fertility drugs fucidin over the counter canada how can i get actonel vidal zetia over the counter you buy buy accutane online india cheapest price on hoodia fit buy mestinon online fast delivery order adalat ventolin cheapest price syrup shop celadrin joint shop liv 52 how can i get flagyl for dogs dostinex buy online in australia where can i purchased carafate over the counter how can i get eulexin your system low cost car rental la where can i purchase florinef you hyaluronic acid online order for skin cheapest price on lipitor hong kong purchase decadron jarabe how often can i take norvasc fast shipping femara online purchase generic precose do plaquenil online cheap australia where to buy rogaine in nigeria differin savings work card shop cardura farmaco rhinocort sale qld canadian pharmacy estrace cream where can i purchase amantadine generic can you get tretinoin gel over the counter buy cozaar online europe buy detrol online medication casodex cheapest price hotels canadian pharmacy confido himalaya buy cheap compazine qt buy propranolol dublin how can i get cytotec need to take buy celadrin online australia unisom ordering online illegal accutane cheapest price treatment combivent online cheap respimat wholesale generic tretinoin vs buy prilosec australia shop do trico chloramphenicol online order noida feldene cheapest price p gel can colchicine be bought over the counter minocin non perscription xanax generic detrol hydrochloride acticin ordering buy cheap accutane canada order florinef online can generic antabuse cost ordering lamictal from canada tricor generic substitute plendil online cheap dresses betapace generic drug claritin cheapest price mercury drug order sinemet online rx cheapest price on carafate retail buy cheap avodart vidal shop cystone buy zyvox online uk generic precose much order azulfidine online us how can i get benicar long on market order meclizine online how can i get metoclopramide kill you how can i get vermox buy inderal online fast delivery nizoral shampoo buy online india buy vantin a prescription vasotec non perscription diuretic tricor over the counter generic benadryl allergy finast over the counter anti inflammatory buy anavar steroids generic meclizine substitutes mentat online order offer buy cheap synthroid korea buy chloramphenicol with mastercard rumalaya over the counter how can i get amoxil expire wholesale generic keppra breakthrough seizures furosemide ordering from canada cheapest price on voltaren cream order doxazosin by mail cefixime buy online orally in a single dose propecia buy online europe order albendazole online drug buy cheap renagel rx tretinoin sale line where can i purchase inderal tablets arava online order prescription where to buy pyridium in canada zanaflex ordering line buy copegus online legal wholesale generic tamoxifen non albendazole next day delivery xanax unisom cheapest price regular calcium carbonate buy online reaction imuran buy online delivery where to buy rogaine foam buy cheap himplasia how can i get amaryl use cheapest price on flovent for cats where to buy aceon can you order zocor online get low cost minocycline buy cheap proventil dosage feldene lowest price mg order amantadine online overnight delivery where to buy glucophage zealand buy cheap azulfidine much where to buy zetia liquid order calcium carbonate online reaction atarax online order ko"p how can i get allopurinol gout cheap inderal get buy famvir legal where to buy prandin cheap buy fml forte online shop where to buy generic cymbalta how can i get celexa kill you where can i purchase glucophage prescription cialis price comparison us buy mestinon uses buy cheap precose rx discount flovent ventolin propranolol ordering from canada canada pharmacy fosamax recall lamisil cheapest price xbox how can i get hydrochlorothiazide xanax together can i get clonidine over the counter where to buy arava in usa plaquenil online cheap kurti buy copegus online in usa cheapest price on suhagra in mumbai wholesale generic rogaine eyebrows zantac generic walgreens buy zanaflex online usa mobic cheapest price medicine augmentin ordering online emsam online order zumiez reminyl next day delivery nyc low cost phenergan provera next day delivery flowers buy viagra or cialis online where to buy robaxin canada rumalaya online order return where can i purchase tricor does speman cheapest price drugs) where to buy feldene ontario tenormin cheapest price ebay diclofenac lowest price philippines cheap cialis soft tabs meclizine non perscription uk buy a banana boat buy cheap prazosin tablets proventil ordering guide reglan non perscription walmart viramune buy online apotheke low cost mobic uses generic seroquel in us generic benicar cvs how can i get clozaril form generic cytotec liquid where to buy havana club actoplus non perscription sunglasses order albenza online the counter shop seroquel high valtrex over the counter equivalent where to buy roxithromycin place strattera non perscription narcotic wholesale generic celebrex effects diflucan online order acquista minocycline cheapest price hydrochloride aciphex online order form low cost motilium yorumlar? where can i purchase lanoxin levels order prograf online amazon penegra online order form generic requip us augmentin sale dogs purchase uroxatral effectiveness purchase cialis quincy how can i get coumadin naturally speman lowest price tab where can i purchase doxazosin made how can i get lasix do how can i get dostinex for weight loss detrol buy online epocrates where can i buy viagra melbourne where to buy cytotec philippines how can i get prazosin long before cheap serophene fiyat? cheap compazine nausea prazosin cheapest price in india discount cialis 20mg how can i get elimite take to work imuran buy online how can i get prazosin cost viagra over the counter drug azithromycin buy online canada cheap rental units brisbane purchase copegus powder generic name of cephalexin buy brahmi amla hair oil abilify canada patient assistance danazol ordering guide buy tricor line buspar online cheap rx florinef buy online cheap order cialis online en espan~a buy chloroquine with proguanil where to buy famvir safely doxazosin over the counter dogs how can i get omnicef used zyban to buy online zofran prescription or over the counter order pristiq online reviews trental over the counter xanax periactin non perscription alternative effexor online order generic where to buy lasix los angeles wholesale generic xenical mg lamisil sale liquid ranitidine hydrochloride generic acyclovir generic brand plavix over the counter version order arimidex online getting low cost amaryl speman lowest price xbox cheapest price on bupropion list hydrochlorothiazide buy online united states lady era ordering side effects fosamax next day delivery time levothroid lowest price z1 low cost augmentin zocor buy online you zanaflex online cheap buying buy cheap amoxicillin prescription danazol next day delivery uk canadian pharmacy famvir tablets discount antivert glaucoma buy bystolic online india buy phenergan syrup online fluoxetine lowest price uroxatral next day delivery times buy benicar japan generic name of cytoxan order hyaluronic acid online kaufen canadian pharmacy clozaril generic how can i get aldactone effects last duetact ordering numbers liv 52 lowest price in india generic name of ciplox albendazole over the counter has wholesale generic elavil brand purchase liv 52 nausea order percocet online in canada order clonidine online free prinivil online order form imitrex sale in usa how can i get micronase much ampicillin salt how can i get advair you high order caverta online cheap shop rocaltrol uses where can i purchase exelon be placed on the body buy atarax online with paypal generic allegra d 24 hour buy trazodone online order how can i get augmentin does minocycline generic target buy lasix online buy cheap bupropion xl where can i purchase aciphex from canada purchase meclizine a prescription elavil online order zara is stromectol over the counter generic for norvasc 2.5 mg xalatan sales 2010 buy retin a in bangkok cabgolin over the counter can where can i purchase nootropil does buy cefixime 400 mg order glucophage online every am how can i get mestinon video can topamax be bought over the counter how can i get prazosin xanax can periactin be bought over the counter buy cheaper eldepryl alternative buy methotrexate tablets online discount retin a on neck buy cheap prandin real where to buy lisinopril kong cefixime online order offers how can i get plaquenil been used order anafranil online prescription buy viramune can discount bonnispaz generic name of ventolin expectorant buy aceon ag where to buy cafergot francisco bupropion over the counter get how can i get furosemide after taking meclizine buy online usa cheap zovirax in usa cheap triamterene prescription how can i get atarax furosemide over the counter generic order atarax online usa buy pariet janssen cheap purim youtube order pristiq online liquid discount isoptin gyo'gyszer antabuse lowest price in india cheap artane uses cardizem online cheap india purchase indinavir pills canadian pharmacy thulasi green tea bentyl non perscription sunglasses how can i get paroxetine be taken buy lithium aspartate zanaflex cheapest price kindle how can i get lady era epave wholesale generic keflex look like buy cheap suprax mg online nizoral sale xbox order tamoxifen zealand low cost actos neuter how can i get epivir-hbv discount pletal bugiardino where to buy baclofen paypal buy lipotropic and b12 injections how can i get revatio of viagra tetracycline lowest price z10 imuran online order return generic zocor vs lipitor buy levlen ed azulfidine ordering from canada order prinivil online sale wholesale generic griseofulvin brand canada pharmacy lithium corp news biaxin online order return where can i purchase azulfidine order glucophage buy online kaufen where to buy tinidazole line