aciclovir without a prescription from us worldwide pharmacy cefixime yasmin pill spain is mail order himplasia safe dramamine online meds frumil from usa zetia from australia law and order allie series accuran phone orders c ratioph mg canada buy fluss 40 online from india where amaryl patients blood what is yaz tablets promethazine dm cough medicine ordering ginette 35 india evista drugs dianabol get micardis toronto uk buy revatio without prescription topamax buy online india what is benadryl good for how to buy furosemide in london buy live ants california tenormin mg mexico fucidin direct pharmacy where can i get prandin pills acticin discounts codes genuine combivent 100mg where to buy beta blockers online low dose trazodone for sleep legal buy retino a cream 0,025 online canada where was the exelon patch commercial filmed seroflo inhaler dosage cheap flagyl er lipitor us companies only safe brand cialis no precription almetec drug in usa pharmacy order disulfiramo overnight safe place order zofran can you buy riperdal over the counter in germany diflucan birth control online australia dramamine australia ultra low dose sinemet uk pharmacies online that sell sildenafila buy silagra with paypal medicamento antabuse 500 mg kamagra chewable online usa no prescription trial erection packs 2 cheapest rate order yagara 120 mg is it illegal to order generic triamterene women taking viagra stories what is cotrimoxazole used for bicalutamide casodex side effects astelin reviews can you buy viagra over the counter uk canadian etodolac ordering online pharmacy retin a 0 025 costco long time side effects otomax canadian pharmacy online fluticanose provera pills to delay period cheap fda approved plavix meclizine australia azitromicina mg india buy minipress online no prescription dutasterid delivery london buy buspar online without a prescription pharmacies canadian cheap altace how to buy levitra super active claravis dosage daily atomoxetin pharmacy prices list purchase amaryl 4 mg zithromax generic cost furosemide no prescription canada buy diarex online cheap what does plavix 75 mg look like buspar for dogs buy acheter lopid inderal generic equivalent minocycline minocin side effects is it illegal to order generic minocin med cab parlodel can you get xenical on prescription claritin delivery uk the online drugstore shatavari tadalafil cialis 10mg erythromycin ointment sale diamox canada online no prescription parlodel buy mexico top 10 online bactrim sites why has retino a cream 0 05 been discontinued low cost alternative to cymbalta lexapro no prescription cheap price escitalopram prevacid paypal paxil refills beta val from usa pharmacy aprovel shelf life what is teva olanzapine medication venta de xeloda en mexico florida artane purchase janumet online no prescription online pharmacy viagra soft how to get propecia online what does motrin pm look like renova paper usa motilium russian pharmacy fda approves drug for painful sex in women altace daily use reviews discount vermox otc tinidazole limited india vente de prevacid au quebec order actavis promethazine codeine online dutasterid canada head office levitra 40 mg dosage ciplactin weight gain reviews craigslist manchester nh buy pulmicort with e check hyzaar generic india how long does lamictal take to work for bipolar shatavari cheap price citalopram usa pharmacy buy lisinopril with e check discount pharmacy macquarie gowrie buy orlistatum pills in the mexico como comprar cleocin gel buy zoloft pills in the mexico priligy 30mg uk levothroid mexico companies only what is flovent inhaler used for order norvasc ultra low dose levitra isotretin next day generic leukeran uk disulfiramo where to buy in canada can i take nexium 40 mg twice a day where can i get rythmol sr from vytorin brands india donde comprar el synthroid online medication sales pharmacy has best price omnicef what is fluoxetine tablets used for purchase dyazide in mexico mobic tablets price where do i viagra soft in australia viagra professional store prescription online drug 1000 mg zithromax online chlorthalidone better than hydrochlorothiazide in hypertension glaucoma medications xalatan buy caffeine ergotamine tablets uk can i make gabapentine albuterol buy remedio sertralina serve emagrecer indian pharmacy hydrodiuril generic viagra jelly switzerland where to buy ginette 35 with mastercard research grade oracea best site to buy stediril trental on the internet meclizine online mexico what is keflex capsules used for buspar 10mg twice a day coreg generic usa bactrim mg price ciplox drugs for sale ephedraxin generic wikipedia drugs olanzapine spain generic biaxin side effects can i buy toradol in canada is 10 mg of coumadin too much vasotec coupon code radio 1 listen live fucidin cream over the counter in uk levothroid cheap price donde puedo comprar cleocin how to use cytotec drug buy ceftin pills in the mexico online carafate overnight delivery what does singulair 10 mg do evista paypal order lantus tablets low price tadacip uk lipothin australia pharmacy buy retino a cream mg can you only get abana on prescription metformin prescription canada max daily dose prilosec beta val brands india best place to buy vagifem in mexico what is prednisone tablets 20 mg for top rated offshore pharmacy cialis canada and atarax can i buy salbumol in canada india deltasone price get levitra professional toronto orlistat 60 what is it where to buy zetia online uk augmentin 1g pret generic carafate uk can you get diclofenac gel over the counter cialis preis frankreich xeloda prices usa baclofen india no prescription female cialis over the counter usa hytrin generic flomax suprax usage why has sildenafil citrate been discontinued retin a mg usa vente de paxil au quebec bentyl online pharmacy saw palmetto weight gain flomax tablets used buy pharma meds motilium and other medication can you buy generic norvasc overseas pharmacy no prescription salvent purchase cozaar 12.5 mg acnetane order where can i buy finpecia tablets ordering dipyridamole canada januvia drug wikipedia best drugstore mascara tinidazole tablets uses where can i buy hoodia p57 cheap carvedilolo free delivery vistaril from canada with no prescription aceon generic uk clavamox in usa what is lortab used for over the counter medicine desyrel acnetane brands india buy asacol online thru paypals no script azurette mg where to buy cheap generic apcalis sx eldepryl uk no prescription sertraline 50 mg tablets generic zoloft can order naprosyn online order leukeran online canada norco aurum 2 review long does 10mg levitra last retino a cream generic usa can i order promethazine online order generic zyban buyers of esperal canada can order tretinoin canada priligy mg mexico buy bupron sr online in the united states without a prescription how to purchase diclofenac gel purchase viagra plus on line in usa safe to buy generic cardura from usa vermox drug in fr pharmacy buy trileptal for daily use abilify without a script xalatan prices vincen delmonte culturismo sin tonterias pdf aricept 23 lawsuit generic yagara usa very cheap coumadin aviane 28 usa no prescription i want to order viagra buy generic myambutol online no prescription canadian criminal code controlled drugs and substances act when did astelin go generic apollo pharmacy online store order aciphex online no prescription with a visa voltaren suppositories buy phone in order for evecare asacol tablets discontinued actoplus met purchase flomax compression ltd address where to buy bactroban with amex cost of sarafem without insurance generic ceftin us how do i make a healthy mango lassi ordering estrace mexico toradol without a prescription from australia where can i get nitrofurantoin from buy minocin 200 purchase capoten on line in mexico generic name amoxil mometasona drug in uk pharmacy quickest plendil how long does it take for zyban to work over the counter substitute cvs viagra online hyzaar low cost hydrochlorothiazide losartan yasmin prices usa is there a shortage of salbutamol fasigyn side effects long term use wellbutrin sr non perscription countries where do i keftab in canada canada drugs lipothin with prescription medicine amantadine can you buy trazodone over the counter tretinoin 0,025 over the counter robaxin for dogs side effects levaquin suppliers overseas bactrim complaints levothroid over the counter drugs order erythromycin without prescription bupropion in costa rica glucotrol mg no prescription diamox purchase depo provera period curacne online pharmacy uk how to buy retin a gel 0 1 buy allopurinol mg online for low cost overnight myambutol generic cilest in usa how to use doxycycline hyclate serpina without prescription long time side effects cialis super active is generic clomid just as good half price serpina why is there a shortage of bactroban does sarafem make you gain weight abilify 40 mg dose fastest flomax uk delivery order retin a online no prescription with a amex better than salbumol cleocin vag ovules reviews list of tesco stores selling atorlip 5 buy tegretol online no prescription us femara no prescription reviews buy revia pills in the uk roxithromycin 150mg used buy abortion pills online buy almetec online no prescription canada rhinathiol cold buy xeloda canada terbinafine pills buy no prescription bbb aproved online pharmhacys mifepristone online no prescription floxin pills online in the usa flagyl fda approved to buy without prescription abilify in canada when approved generic accutane dosage crestor pills online in the mexico order reglan from usa without prescription diprolene generic australia ordering brand amoxil uk generic periatin can i order aripiprazola online lansoprazol order canada online generic viramune nizoral shampoo hair loss reviews order quetiapinum online no presctiption how to buy ivenox online methotrexate order in the us usa buy retin a 0,05 without prescription order disulphiram no rx canadian pharmacy procardia medication order flunil next day delivery cheap clomid online non prescription order coumadin from uk without prescription anxiety treatments medications cardura buy mexico to buy levothroid in uk what is snovitra super power tablets minocin next day delivery c ratioph discount no prescription wellbutrin sr drug schedule retin a gel 0 1 overnight shipping cheap haldol generic drug female viagra where to buy in canada side effects of accutane in teenagers cost of generic actonel buy lansoprazol mg online trental roche precio argentina cialis vs viagra forum both florida janumet buy malegra fxt with paypal buy ciprofloxacina tablets uk oestrogel online forum midamor canada pharmacy ciprofloxacina india companies only buy medrol dosepak have no prescription buy cipro usa order amoxil online without rx disfuncion erectil a que edad nexium otc medication purchase lansoprazol in australia order predalone rx synthroid coupon code artane best online non prescription pharmacy how to buy flagyl er non prescription medicine back pain is generic cilest effective purchase methotrexate 25 mg where to buy betnovate ointment aleve legal us anafranil pharmacy order beconase aq online pharmacy uk us pharmacies online that sell hytrin generic sominex sales prescription drug finast amaryl tablets purchase on line ibuprofen 600 mg vs vicodin free prescription medication without the prescription best place buy aceon actos medicine online cheap drugstore makeup online uk riperdal fast canada is betnovate n good for acne discount code for hytrin doxycycline hyclate lyme disease dogs is provera sold in walmart medicine accutane 10mg actoplus met drug store online safe to buy generic pyridium from uk micardis india sale testosterone therapy dosage men zoloft reviews for social anxiety is there a difference between cialis and viagra buy maxalt tablets us buy mycelex g online overnight where to buy alli weight loss aid cephalexin over counter equivalent ordering percocet on line can you order lexapro how to purchase benadryl delta cortef mg uk lopid ordering online pharmacy can meclizine 25 mg get you high prilosec price costco augmentin generic antibiotic fastest retino a cream 0,05 uk delivery otomax cheap uk can you buy orlistar in ireland skelaxin delivery fluoxetine online in canada voveran looking for safe etabus no precription where to buy zyloprim with visa buy generic vasotec online the chepest lozol stromectol prescription nexium for sale online what is clomiphene citrate challenge test triamterenum buy without where do i vermox in india elavil 20mg tab quais os efeitos colaterais do cloridrato de sertralina citalopram tablets 40mg amitriptyline hcl usage is lipothin a prescription drug price increase forzest canadian drug company klipal codeine there generic form ortho tri cyclen lo imitrex available over counter aldactone pharmacy mail order proair hfa albuterol sulfate inhalation aerosol dose zyvox low dose birth control canadian drug company aloprim ciprofloxacin 500 mg dose dutas on line in the india buy 120 pills alli online thalidomide disaster 1961 buy bupropion online with mastercard what does promethazine do to your body cystone mg tablet top 10 online indocin sites zentel cheap india pharmacy best place to buy stediril without a prescription keftab phone orders order meloxicam enolat online no prescription with a mastercard retino a cream 0,025 to purchase without a prescription trial erection packs 2 where can i buy buy vytorin in australia safe to buy generic pulmicort from canada elocom online from uk buy cialis jelly next day buy emoquette online from australia research grade medrol dosepak cheap lozol free delivery abana order online no prescription can i order viagra online in australia noroxin fast usa clomid dosage for men fertility long time side effects zithromax can buy clomid uk atarax online orders azithromycin side effects rash face online nizagara india buy cialis safely florida tizanidinum online forum buy claritin prescription best sex drugs for women cheap glucotrol warfarin dosage forms canada no prescription buy lisinopril myambutol usa pharmacy order risperdal cheap levlen drugstore.com side effects of singulair 10 mg tablet where can i buy isotretin mg zantac with out a prescription pharmacies in canada viagra free coupon for acai no prescription pharmacy xanax order doxi 1 pills where can i buy mifeprex abortion pill pharmacy rx world manitoba post cycle therapy indocin premarin buy without hyzaar online without rx pill rx health bisoprololi fumaras products can i take allegra 180 mg twice a day purchase lamisilate in australia codeine promethazine sale levitra us pharmacy ordering cialis professional here in canada where to buy cytotec in pampanga glucovance mg canadian rx where do i prometrium in australia where to buy metocarbamol with amex is lexapro better than cymbalta protonix online usa metoclopramide hcl 10 mg side effects zebeta classification drugs similar to zenegra ovral l without a prescription from us order allopurinol online canada diclofenac in usa otc ginseng italiano buy real benfotiamine dyazide with prescription abilify no prescription in mexico clomid legal in usa where to buy phenergan for babies sildenafil kopen antivert buy canada are there any over the counter antibiotics cost of quetiapinum without insurance generic desyrel in herbal viagra alternative nz walmart generic drug list and cost toprol er xl avalide overnight shipping cheap aceon sale uk sominex generic uk amaryl cheap india pharmacy vicoprofen canadian pharmacy nexium on line in the usa levothroid uk boots generic name for liv trial erection packs 3 pas cher precose daily use reviews buy danazol pills in the canada arjuna max dose mail order generic astelin what does levitra do to women levitra price in india plavix tab 75mg clopidogrel buy retino a cream pills in the uk retin a over the counter drugs canadianmedicinenow com reviews erection packs 3 no prescription compare prices kartela e zerit allopurinol cheapest rate no prescription hyzaar sale quiero comprar naprosyn pariet generic cheap costs generic mobic safe calan precio mexico colospa on line in the india erection packs 1 canada drug store can you buy claravis over the counter penegra generic equivalent how to order ashwagandha online v gel order online no prescription best place to buy clincin comprar aspirin portugal top 10 online zyloprim sites estradiol valerate generic canada trial erection packs 2 phone orders micronase 100mg cheep online pharmacy school reviews celapram canada drug store toprol xl over the counter australia amitriptyline alcohol 10mg where to buy desyrel with echeck buy neurontin in uk cozaar reviews patients order bupropion online no prescription with a mastercard buying pyridium from canada no prescription buy synthroid canada where to get cleocin gel pct haldol from china best place to buy accutane online order femigra viagra para mujeres levitra plus australia pharmacy diclofenac potassium prices mexico pharmacies online that sell zoloft buy diflucan fluconazole capsule generic buy online valaciclovir generic oratane online canada reviews on ciprodex arzomicin where to get lexapro cheap us pharmacy india pharmacies online that sell flagyl er plus no prescription levitra online pharmacy purchase accutane 40 mg online generic naprosyn 500 dosage buy viagra jelly mexican pharmacies cheap clomid 25mg purchase cilest online dyazide legal us there generic version detrol how much is speman tablets accutane class action lawsuit 2012 best pharmacy to order beconase aq tadapox buy usa buyers of shallaki canada sinemet pharmacy order purchase alli canada where to buy tadapox cheap flucazole uk what is c ratioph drugs buy yasmin online cheap noroxin medication lanoxin online usa no prescription singulair medicine over the counter purchase retino a cream in uk effect of albendazole in pregnancy ordering raloxifeno uk lanoxin tablet sale amantadine not generic depakote buy online uk oracea tablets buy femara 10 mg cost amlodipin delivered to your home buy us ampicillin online perscription rabeprazole domperidone dosage online pharmacy uk azitromicina buy kytril 15mg online hytrin 5mg tablets tadalis medication overnight delivery wild american ginseng root for sale india florinef price rogaine discount code 2011 the online drugstore sinequan combivent from europe cialis 20 mg tabletten pharmacy mexico nitroglycerin nizagara generic cheap costs side effects of paxil cr 12.5 cheap 45 mg discount actos side effects of retin a 0 05 florida ophthacare what is tinidazole 500mg used for what is toradol free ed pills sample where in england there bayer levitra maxalt in the uk now how much is etodolac tablets safe to buy generic lipothin from canada reviews on acai berry capsules aspirin buy on line us air force pharmacy jobs order clomid pills eurax not generic buy ginette 35 mg online for a good web page to buy gasex with no script buy floxin with visa amitriptyline prescription price online get combivent toronto isoniazid drug in germany pharmacy amoxycillin phone orders types of metformin pills how to take yasmin contraceptive pills uk pharmacies online that sell propecia buy trandate lowest price discount prednisone of canada flomax drug company zaditor prices cvs no prescription india order yagara on line usa purchase capoten on line in india where can i purchase elimite cream prilosec for babies side effects meloxicam 15 mg oral tablet cost of levitra at target buy cytoxan patch can you get high from artane best place to buy duetact in usa antabuse on line in the uk lexapro cost in canada oestrogel uk brand name aricept canada sale trazodone usa no prescription what is bupropion xl what is cialis super active tablets buyers of kamagra canada how much do viagra pills cost ranitidine 10 mg cost prograf drug class biaxin online from india buy brand cialis 80 mg online american ginseng traditional uses purchase cialis super active pills order diclofenac without prescription canadian pharmacy diprosone propranolol order by phone how long does cipro last in system can you get pregnant while taking zoloft where could i buy terramycin without prescription misoprost fast canada lipitor discount card 2010 buy salbutamol online reviews seroquel and birth control pills best place order viagra online canada purchase speman on line in mexico buy seroquel usa medrol dosepak pills online in the india atorlip 10 pharmacy mail order generic brand amoxil uk pilex italiano cita previa online medico madrid combivent online pharmacies with out prescription cheap hotel and parking liverpool airport what are lidocaine patches viagra - trademark expiration can you order diakof canadian order ciproflaxin famvir cheap price phone in order for aloprim paroxetine canada sale how long does cialis last after taking it buying metronidazole from canada no prescription order apo furosemida from usa without prescription generic prednisolone usa pharmacy buy viagra online reviews prescription stieva a cream for acne top 10 online femara sites purinethol no prescription compare prices online pharmacy combivent can you take leukeran daily retin a gel 0,1 online coupon code raciper canada pharmacy aura pharmacy amoxicillin aygestin overnight buy feldene p gel amitriptyline withdrawal symptoms how long buy blopress overseas order bupron sr on line usa robaxin 10 mg side effects of simvastatin in women quality of chloroquine tablets available in africa nolvadex dosage for women nymphomax generico italiano seasonique mexico no prescription actos tablets from buy generic brand for metformin generic aciphex cost remeron side effects in women purchase isoniazid in mexico is mobic available over the counter tramadol for sale online no prescription generic digoxin for sale on line order fluoxetine uk purchase combivent on line in india buy estrace tablets australia lanoxin medication for dogs buy diamox acetazolamide discount dostinex cheap feldene uk buy revia hong kong what does flonase corticosteroid side effects cheapest cialis super active paypal buy klipal codeine tablets long time side effects depakine chrono drugstore makeup blog canada novo digoxin without a prescription from mexico how much is avandamet tablets atomoxetin online pay paypal clozaril new zealand low price haldol uk buy percocet australia painkillers online canada viagra no script my area 46322 cheap canadian dilantin no prescription retin a gel 0,1 refills lamisil best price where do i asacol in australia urispas doctors online i want to pay some accutane cialis mg india cost of mail reglan order viagra plus without prescription what is lansoprazol tablets acheter zovirax pas cher reminyl en mexico comprar cordarone pela internet cefadroxil brand name cialis professional buy online us canadian pharmacy online tizanidina cheap predalone no prescription buy deltasone online no prescription ordering alesse usa buy effexor xr online canada salvent online bestellen order doxycycline online amlodipine besylate 5mg tab image buy mirapex in india online thyrohormone where to get how to take swallowed flovent can you get microzide buy strattera cheap canadian aripiprazola no prescription rogaine 5 discount voucher where can i purchase moduretic purchase omnicef in usa urispas dosage too high colospa online price alli 120 count refill sertraline high feeling buy zofran inhaler canada sildenafila overnight pharmacy how much does maxalt rpd cost order elocon ointment cialis generico comprare terramycin plus ointment price buying myambutol online legal cialis prescribing information buy uroxatral fast shipping pill rx health colchicina products coversyl medication side effects aqua bandstand dress review generic for alphagan eye drops oder mg tablets of dapoxetine methotrexate injections and nausea sildalis for dogs buy tulasi usa retin a 0,05 delivery uk can you only get hyaluronic acid on prescription cialis shop net florida c ratioph buy brand ciprofloksacin buy zithromax in canada how long to use prednisolone canadian pharmacy in sarasota florida uk buy actoplus without prescription aciphex medication on line is it illegal to buy antibiotics from mexico maxalt ships from india actoplus met over the counter canada buy over the counter ginseng online buy roaccutan greece retino a cream 0,025 shortage buy liposafe online from mexico cialis bez recepta what is the difference between viagra and viagra super active buy suprax australia trusted place to buy propecia lioresal 10 mg tab online himcolin with no prescription is mail order clavamox safe reviews on disulphiram comprar metoclopramide portugal best place to buy duetact citalopram generico precio pharmacy express prescriptions canadian isoptin erythromycin canada pharmacy cheap levitra india mexican hyzaar where can i buy elocom online without a prescription cleocin by mail order protonix generic discount free search mp3 microzide canada prescription benadryl overnight delivery elocon cream without prescription buy hydrodiuril online from usa levothyroxine 75 no prescription at lowest price ditropan canada companies only accutane buy online isotretinoin hidden desyrel pfizer claritin on line no script cardizem without prescription medication maria fro pravachol pricing buying prescription drugs on the internet promises and pitfalls current price liv cost of imitrex canada buyers of female viagra canada remeron without a prescription from australia letrozole uk buy what age do you have to be to buy benadryl actos now for the prevention of diabetes study inderal cost canadian eurax on line no script comprar atorlip 20 pela internet best price augmentin raloxifeno from india cost of plavix for cats zitromax without a prescription from mexico where to buy aciphex online mexico dutas results forum buy phenergan online from uk aviane 28 online from usa noroxin tablet 400 mg mirapex buy uk generation rx drugstore ru side effects of cialis professional generic from erythromycin buy speman online overnight online neurontin purchase what type of blood pressure medicine is bystolic extendaquin drug in canada pharmacy buy raciper uk buy chloromycetin with a mastercard cardura order by phone v gel medication florinef no prescription overnight delivery atarax order on web discount proventil from canada benadryl cough syrup rate safe to buy generic unisom from usa cheap bactrim buy cozaar 12.5 mg how to purchase brand cialis online hydrochlorothiazide dosage forms how to get plendil drug how to get sample viagra safe place order arava order 3 aciphex mg where to buy cytotec mg eritromicina antibiotico nome commerciale vasodilan prescription coupon sertraline 100mg reviews what is azithromycin used for 250 mg trazodone prescription assistance buy orlistat 200 how to purchase abilify online lowest price decadron tri levlen 28 reviews isotretin buy mexico generic sildenafil price increase ephedraxin levitra daily use reviews retin a gel 0,1 online from usa what is a high depakote level shuddha guggulu fast uk health canada klipal codeine fincar australia companies only how to get viagra no prescription half price duetact geriforte pills online in the canada aciclovir uk companies only how to buy ashwagandha in india mirapex withdrawal symptoms what is childrens benadryl good for order misoprost from australia without prescription buy sustiva visa buy elimite paypal accepted impetigo treatment fucidin side effects of prednisone on dogs demadex online in usa atarax to buy in the usa without a prescription order lanoxin from canada without prescription seroquel overnight no prescription meclizine buy uk pharmacy drugstore medicines net viagra professional brands india buy mobic 15 mg online atomoxetin online india micronase suppliers overseas metformin combination products nitrofurantoin tablets bp 100mg finast 40mg order claritin online uk buy delta cortef tablets australia liquid serophene review artane australia companies only rogaine 5 prescription coupon lipitor generic buy generic lamictal sildenafila reviews where can i buy asacol online zanaflex pills side effects buy silagra tablets usa top 10 online tretinoin 0,025 sites generic brahmi uk paypal can you buy domperidone over the counter in canada what types of zyloprim are there klipal codeine cheap mexico pharmacy brand baclofen for sale buying precose is there a shortage of lipitor mentat ds syrup sale ceftin online in canada can you get high off benicar can buy lasilix online generic zydis buy canada where to buy lipitor with echeck moduretic pills online in the usa cost comparison prescription plendil online branded viagra best uk prices prescription metocarbamol maximum dosage buy adalat generic cheap pills catalog ayurslim to buy in the uk without a prescription simvastatina buy online mexico naprosyn pfizer cafergot us companies only wellbutrin medicine online generic probalan cost cost of generic colchicine buy phengrahn only without prescription in us acticin free shipping allopurinol over the counter buying online pharmacy what is thyrox yasmin pas cher premarin without prescription buy unisom overseas colchicine billig kaufen does the drug mobic cause weight gain metronidazol canadian online cheap risperdal mg buy avodart low cheap price purchase anastrozolo in india where to buy acticin drugs online olmesartan medoxomil price in india what causes low digoxin levels comprar erexin v original how to buy microzide in london side effects of accutane skin rash ordering retin a gel 0,1 india buy omnicef pills in the australia zitromax uk next day delivery costco pharmacy cafergot price reputable online pharmacies thyrohormone medication diovan hct price at walmart current price indocin cheap doxycycline no prescription order rogaine 5 online canada can i make cefadroxil how to buy lotrisone online sertralina efeitos colaterais online actoplus met overnight delivery cane you buy amantadine canadian nitrofurantoin birth control online australia exelon on line where to get lozol advair copd indication lanoxin malaysia pharmacy buy medrol with a mastercard cialis 5 mg cheap slimming tablets from gp buy provera paypal ordering metronidazole usa amlodipine 30mg canadian atacand 8 mg prospect desyrel in italia order methotrexate online no prescription with a amex prezzo viagra in italia disulfiramo prescription coupon buy frusemide have no prescription phexin supplier in uk cephalexin with no perscription pelicula un rey en la habana online ampicillin coupons rumalaya liniment sale flovent sent to spain over the counter medicine lisinopril discount paxil mg buy elavil perth australia best herbal viagra for men in india flunil maximum dosage 100mg seroquel recreational cleocin t lotion price aygestin without rx zyban online pay paypal order disulphiram online revatio generic wikipedia drugs best place to buy shallaki in usa zerit western australia buy rumalaya gel 80 mg online online sale of crestor is generic cafergot effective best site for cardizem discount ventolin hfa zestril tablets price mirtazapine overdose serious proscar finasteride law suit cost of decadron without insurance buy toprol xl 80 mg online aceon medication overnight delivery vermox in the uk now astelin pills buy buy olistat pills in the canada buy kamagra online india ajanta pharma zestoretic tablets 150 mg online albendazole overnight delivery buy clomid next day delivery trileptal over the counter india cipla drugs price list viagra italiano raciper online coupon code levitra professional sale 20mg lowest ampicillin injection for dogs salbumol online in uk erythromycin acne scars india no prescription pharmacy ordering lincocin ivenox without a prescription from mexico artane sold over counter can you buy mentax generic prescription zovirax tablets buy online lansoprazol drug canadian pharmacy copegus 200 mg costo vistaril online how long does it take for finasteride to start working malegra dxt from mexico prograf tablets price hydrea side effects uk buy zebeta with visa diclofenac sodium 100mg uses what medicine is like abilify fastest lantus uk delivery canadian pharmacy 24 hour pramipexole dose parkinsons cost of viagra vs cialis vs levitra best trileptal prices hydromorphone hydrochloride 4 mg street value erythromycin ophthalmic ointment usp how to use furosemide fast india why has avandamet been discontinued prometrium capsules during pregnancy high blood pressure medication alcohol zoloft and fish oil capsules why is alli available antivert over counter drug celadrin usa cvs prices female viagra with no subscription buy brand advair diskus paypal western drug tamsulozin do social anxiety pills work cheap letrozole uk buy advair capsules online buy generic alphagan p brand name atrovent online mail order benadryl online the online drugstore minipress insulin glargine lantus side effects buy diflucan online cheap price cost of mail oxybutyninum us pharmacy online xenical cheapest drug combivent no prescription online pharmacy valium methotrexate price usa singulair tablets for sale ordering omnicef uk allegra prescription assistance canada and retin a gel 0,1 how much does generic zocor cost alavert medication side effects flovent inhaler printable coupons cheapest roaccutan paypal buying levitra super active express what does lisinopril 20 look like serophene precio mexico hyzaar forte 100 mg 25 mg buy dapoxetine patch flunil without prescription pills best place to order kamagra in us is prometrium available in canada buy cordarone online no prescription united states buy buspar tablets australia canadian pharmacy actoplus bentyl for purchase without a prescription voveran sr phone orders buy meloxicam enolat usa metronidazole alcohol 48 hours my avodart coupons levlen overnight pharmacy buy probalan greece confido dosage too high xenical medication used phone in order for aygestin atrovent on line for sale no script azulfidine over counter uk is effexor better than paxil how to order oratane best site to buy diamox seroquel quetiapine fumarate for sleep procardia italiano do i need a prescription for toprol xl estro online in usa buying orlistatum artane uk sale colchicine price in the philippines amitriptyline dosage maximum nolva clomid dose pct norvasc no prescription overnight delivery oder mg tablets of risperdal what is prednisone 20mg buy nizoral australia mometasona tablets side effects penegra rx mexican pharmacy no prescription l thyroxine over the counter fluconazol baclofen dosage for back pain purchase lady era in uk buy terramycin online from india disulfiramum mexico pharmacy is betnovate safe in pregnancy without cheap reglan mg india pharmacies online that sell parlodel where purchase nizoral internet drugstore coupons hydrochlorothiazide sulfa drugs isoniazid mg tablet purchase abilify mg buy anafranil from canada brand prevacid buy alesse fast canada buy cabaser online no prescription uk is generic penegra effective american brahmins kamagra gold us pharmacy buy benicar discount best place to buy retin a gel 0,1 in uk female viagra for sale usa cost of mail hyzaar buy aleve pills in the canada diclofenac mg buy buy cheap malegra fxt pills buy benadryl online australia no prescription super active cialis all pills shop.com canadian pharmacy online tinidazole order pilex pills what is crestor medicine used for arimidex pills how to order cozaar buy ephedraxin online no prescription uk can i buy clomid in spain cytotec buy india can i buy zyban cymbalta price without insurance cheap generic pamelor nortriptyline aventyl entocort in italia rumalaya pills sweat diprolene delivery uk how to get yaz in australia lowest price flomax buy nexium online no prescription uk buy ciprofloksacin no prescription lotrel online canada cheapest midamor paypal fucidin h for sale online generic apcalis sx abilify mg india riomont no prescription reviews suprax cheap uk can order celebrex canada can you buy furosemide pharmacy lasix cheap reglan buy online no rx requip u.s pharmacy buy fucidin pills chloromycetin generic viagra online paypal drugstore elavil ordering no prescription purchase acai berry canada order cozaar from australia without prescription buy ethionamide mexican pharmacies asacol tablets for purchase snovitra super power fast mexico canada buy lozol without prescription how to order brand advair diskus to buy risperdal in uk original metrogel online overnight pharmacy hyzaar buy cheap ciprodex what is brafix tablets suppliers of xalatan in us doxycycline generic vibramycin online pharmacy uk prometrium ponstel uk no prescription how long for cozaar to take effect erythromycin mg uk exelon order norco bikes wiki celebrex 200 mg generico discount canadian pharmacy cozaar trazodone price comparison beconase aq cost vantin maximum dosage generic prilosec cheapest price levaquin 500 mg 10 days penegra 50 for women order eurax trusted pharmacy reviews alavert medication overnight delivery aspirin medication order cytotec for abortion dose predalone brand positioning buy priligy with a mastercard high blood pressure medication and cialis uk version of apcalis sx buy lipothin tablets australia celexa buy usa roaccutan cheap australia pharmacy prandin cheap uk cheap cytotec sale uk the vitamin shoppe review chloromycetin from australia cheap kelnor no prescription order drugs online eltroxin shop net tetracycline shortage h pylori vardenafilum refills buy antabuse in ireland where do i vermox in mexico buy warafin boots purchase cephalexin in uk naprosyn bustine costo is combivent better than albuterol methotrexate tablets psoriasis viagra paypal zahlung alli weight control pill worldwide pharmacy allopurinol zyrtec sleepy next day buy tadalafil canada pharmacy express belize city norvasc generic cheap costs is pravachol better than lipitor tadalis sx with paypal payment what is estrofem drugs current price diamox canada and disulphiram retino a cream 0 025 coupon code clozaril prescriptions benicar hct doses serevent india sale zyvox 600 mg linezolid coated generic ortho tri cyclen switzerland online drug for lasix ciplox drugstore.com como funciona redustat 120 us online pharmacy no prescription lasix finax low dose birth control fluoxetina not generic is skelaxin over the counter priligy on line in the canada discount neurontin mg clomid uk delivery sumycin online from usa fincar without prescription miami order no prescription elocon online unisom for sale uk estrofem sublingual vs oral cheap plavix 75mg tablets arimidex online usa no prescription med cab cleocin where can i buy medazole mg what pain medication can you take with mobic imitrex side effects uk is there a drug comparative to etodolac flomax patient reviews cefadroxil pills buy purchase aceon pills prix cialis pharmacie france order amantadine online prescription cheapest antibiotics canada advair canada prescription where do i buy clomid online acticin cheap australia pharmacy ampicillin generic usa prescription drugs online without prescriptions buy predalone bulk buying abortion pill in mexico donde puedo comprar cytoxan noroxin sublingual dosage lipitor coupons comprar dramamine original en madrid allopurinol cost walmart vasotec online mexico generic uk paypal mestinon order orlistar online no prescription with a mastercard where to buy acai berry in london ontario long time side effects disulfiramo can you order lasilix himcocid mg order advair diskus online without prescription generic form of allegra d avapro from canada without rx advair diskus 150 50 cuanto sale la crema bactroban aprovel mg tablet pharmacy buy drugs raloxifeno revatio buy online canada vasotec sold over counter levitra in usa kaufen discount zofran from usa augmentin 625mg tds mentax shop net minocycline generic usa misoprost generic india order reglan online no prescription with a echeck intralesional triamcinolone side effects where can i get ginseng in wow buy levitra professional online us no prescription glyburide dosage maximum relafen india no prescription abilify through now decreased frusemide dosage too high flagyl side effects fatigue ray rx online drugstore best place to buy tenormin without a prescription lopressor price india most trusted canadian online pharmacy buy chloramphenicol in usa non prescription rogaine 5 pharmacy order singulair no prescription clomid and serophene se vende viagra en las farmacias sin receta betnovate c cream used purchase abilify 6 canadian pharmacy female viagra without a prescription from canada sarafem dosage too high is zertalin a prescription drug cialis super active canada no prescription provera overnight pharmacy tenormin buy online uk generic drug sales 2011 cheap carafate pills prescription predalone online with out prescription noroxin drug oversea what is diabecon for can i buy actoplus met in canada buy priligy tablets side effects of pariet 10 mg pharmaceutical society of great britain reviews on xeloda noroxin drug in uk pharmacy permethrin 5 cream over the counter alphagan canadian online overnight pharmacy orlistat new zealand femcare spain meclizine online shipping tizanidinum drug in mexico pharmacy where to buy decadron online india buy bupron sr online no prescription usa safe cefixime no precription parlodel on line in the canada what drug category is c ratioph nootropil refills oristal without script dyazide prix en pharmacie en france buy adalat retard 20mg online how to take amitriptyline purchase kamagra gold pills finpecia online legally how to purchase cilest cialis jelly online pharmacies with out prescription flagyl online in us voltaren online australia how much does valtrex cost per month salbumol billig kaufen order cardura lowest price deltasone canadian online overnight pharmacy best place buy maxalt pct can you buy hyzaar online discount best price for omnicef dosage of zpack for children date of generic for viagra order metformin no prescription how long does it take for toradol to start working can i make trial erection packs 3 list of tesco stores selling atacand where to buy luvox nyc] buy cheap zanaflex remeron generic for norvasc and water pills how to take prednisolone 5mg tablets depakine chrono without a prescription from canada buy zenegra no prescription novo digoxin buy usa amlodipine besylate 5mg side effects is zyrtec available on line in canada ultra low dose promethazine is there a generic drug for fosamax what is the generic for compazine mexican pharmacy no prescription stromectol diabecon supplier in uk actonel birth control online india imuran australia price ordering lipitor usa flagyl for cats dogs aldactone mist canada metoclopramide side effects long term use buy forzest boots pharmacy sex during seven day break pill liquid prevacid review himcolin lawsuit how to take noroxin xenical woldwide shipping baridium women buy bactroban pills online in the mexico what is the dose of valtrex for oral herpes what are the side effects of women taking viagra order brand not generic viagra and cialis online lamisil without a perscription monavie premier acai blend price buy medication accepts paypal clomid side effects older women paroxetine without subscription average cost of zovirax ointment what types of tadacip are there 50mg hydroclorathiazide no prescription pill rx health order permethrinum products where do i cabaser in canada single dose tinidazole for the treatment of giardiasis depakote tablets uk order caverta online with visa provera online shipping buy tizanidina online india no prescription voltaren gel generic name taking clomid without doctor supervision buy genuine tegretol uk accutane without a perscription furosemide 40 mg weight loss zydis usa cvs prices safe levitra professional buy how to use pulmicort flexhaler powder generic name exelon patch prednisolone 5mg shortage buy valtrex tablets mexico retin a 0,025 cheap uk buy combivent mexican pharmacies tetracycline resistance protein biaxin cheap uk the online drugstore exelon hydrochlorothiazide generic side effects buy metformin online no prescription usa comprar nolvadex original erection packs 1 reviews ordering baclofen mexico cialis prescription freetrail us pharmacy finpecia generic buy left and right parietal lobe functions quetiapinum without a prescription from uk no rx imitrex online where can i buy almetec mg order bupropionum online without rx norvasc price philippines phone in order for trial erection packs 1 sominex lloyds pharmacy zocor cost comparison fluoxetine legal us baby aspirin side effects zocor and heart problems z pack side effects tired purchase tetracycline cheap generic maxaman india pharmacy pharmacy technician certification study guide online eulexin australia buy noroxin 20 viagra plus uk order duprost on line mexico depakote and alcohol interaction order dulcolax tablets generic zanaflex paypal where to buy frumil online canada norvasc online coupon code levaquin medication online online pharmacy buy eldepryl buying sinemet express herbal medicine for abortion in fiji ginseng brands in india dapoxetine without a prescription from canada cheap pills to get high buy zofran online safely pharmacy store design india where to buy strattera online without rx janssen cilag retin a buy acivir pills free discount best medazole prices what is kamagra gold made of where do i mometasona in uk zyvox sales 2000 where to buy crestor with visa otomax prices cvs cheap canadian tetracycline no prescription chloroquine western australia buy reglan in india online zebeta legal in england revatio online australia where do i tadalis sx in mexico generic name for periactin medrol dosepak without a prescription from canada sale zyloprim purchase albendazole in uk unisom generic 2013 drugs can i buy chloramphenicol drops over the counter my aviane 28 coupons florinef lawsuit is azitromicina available over the counter indian generics online mentat trial erection packs 3 canada no prescription buy brand levitra online from canada buy kamagra oral jelly 5 order plavix generic mircette pill quibron t mg mexico better than revatio comprar suhagra en argentina acai woldwide shipping nitroglycerin online usa is generic arjuna effective unicure remedies sildenafil buy paroxetine with visa elocom unguent prospect viagra jelly by mail erection packs 1 order erythromycin usa cvs prices cheap rx nootropil usa uk buy noroxin without prescription cheap bactrim ds diabetic medicine prandin elavil fast usa cialis super active sale online drug 20mg tadalafil where to buy orlistat wholesale american liv 52 levitra plus order canada order doxi 1 online no prescription with a visa online pharmacies viagra review best place to buy suhagra in australia celexa compared to zoloft cefixime prescription cheap price canada buy nordette without prescription what is the mechanism of ampicillin resistance baytril for dogs no prescription men taking clomid for infertility diabecon shoppers drug mart aripiprazola pas cher mentat himalaya side effects olanzapine overnight vytorin for men in usa lotensin uses medication what is insulin made of where to buy ampicilina online uk tamoxifen lawsuit canada organic india ashwagandha buy buy zocor online with mastercard roxithromycin australia price esperal without a prescription from mexico levitra where can i buy singulair buy no prescription vpxl canada the chepest meloxicam enolat ceftin uk companies only buy antivert mg online for over the counter medicine that acts as dutas best viagra for men can you buy diovan in ireland zedd where to buy in canada what does prilosec buy venlafaxina online no prescription uk i pill flagyl er website fenofibrate method of action buy amoxiline online canada no prescription suhagra uk sale order plendil 5mg where to buy shallaki ointment
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 1245 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?