revia perth australia suhagra fast usa online pharmacy uk tamoxifen skelaxin discounts codes baclofen on line pharmacy tamoxifen ebewe 20 mg side effects can you buy altace further discount order clonidine medication by mail cheapest metoclopramide in the uk cipro tablets crush cialis vs viagra forum comments daily cialis better than viagra buy generic aleve with bonus valtrex interactions other drugs buy sinemet 275 free viagra sample by mail secure hydrochlorothiazide uk brand name zyrtec uses medication what does sominex contain cheap allinclusive holidays for 2008 bystolic dosage maximum diovan hct manufacturer coupon cafergot india zyrtec australia hydroxyzine dosage best drugstore makeup remover wipes for acne prone skin ordering depakote canada compare prices kamagra oral jelly online sale of revatio pet meds online canada purchase cefixime how to get betapace drug zyrtec generic release date buy cheap dvds online australia bupropion generic cheap costs can you buy cytotec tablets alli wanted online review buying proventil blue oval pill vgr 100 where to buy liv 52 uk cozaar dosage 100mg arimidex vs nolvadex vs clomid lithium dose bipolar 2 anafranil in croatia pfizer zyvox assistance program eligible prevacid 40 mg pharmacy prednisone 1 mg price femara pct buy amazon thunder acai pure reviews best price for real benicar artane for purchase where to buy clomid online safely prescription asacol rx where to buy benzaclin online reviews on lopid buy beconase aq boots pharmacy clomid comprar aldactone prescription effects interactions zyban prices seroquel 100 mg tabletten what does coreg treat safe buy celadrin online jia yi jian ireland discontinued use of depo provera rosuvastatin noprescrition needed usa online pharmacy levoxyl price comparison buy retino a cream 0 05 no prescription planete pharmacie london why has orlistat been discontinued vente de nootropil au quebec inderal la 80 mg generic medrol online no prescription drugs pharmacy buy buy pulmicort hong kong generic flonase side effects high blood pressure low price exelon uk where to buy tetracycline for fish pharmacy what is the generic version of plavix alli capsules for sale acai berry diet now cleansing xenical buy cheap mebendazole side effects in children how to by roxithromycin online common side effects of sublingual nitroglycerin over the counter generic avapro cephalexin canada head office what does ampicillin do for acne star wars grand florida alliance generic detrol usa pharmacy nitrofurantoin mono mac 100mg caps used treat pain pills for back pain how to take orlistat lesofat purchase citalopram 20mg diovan ordering no prescription buy misoprostol online uk precio cymbalta 60 mg mexico safe cialis professional buy levitra pas cher italie florida zofran fastest mentax uk delivery actos with american express is it safe to order indinavir generic brand for zofran geriforte tablets himalaya what is the classification of rocaltrol cyklokapron sale where can i order roxithromycin what is the classification for atarax espn mayne event viagra fast roxithromycin delivery discount canadian pharmacy sominex india finpecia price rogaine 2 order canada mail order generic deltasone tetracycline for dogs uti can i get finax voveran by mail order aqua ban men protonix canadian medications without prescription aciphex pills sweat order cialis soft from india without prescription what happens when you take cialis and viagra together generic female viagra buy canada sildenafilo citrato tabletes billig xenical online kaufen cipralex side effects in men buy ginette-35 pills allegra feltz wedding pictures what is pulmicort nebulizer used for viagra professional online usa liposafe with no rx generic from albenza roxithromycin online pharmacy buy amoxil without a subscription side effects of trazodone weight gain viagra online uk cheapest cialis mail order generic confido glycomet purchase in canada no prescription common side effects of duloxetine buy duphalac hong kong mobic tablets 15mg side effects where can i get compazine pills price increase hoodia diamox with paypal payment buy norvasc astrailia information on plavix tablets evista uk boots alli boots ireland buy aciclovir tablets usa buy premarin online overnight maxalt for daily use canada can you order diakoff buyers of phenergan canada brand amoxil rx generic proscar vs propecia lincocin buy canada detrol without script clozaril doses what does levitra 20 mg do how much does generic seroquel cost at walmart buy zithromax 100mg online seroflo side effects uk amitriptyline hcl generic name buy blopress online at canada pharmacy buy eurax new zealand online is it safe to order cystone jim thorpe stats football norvasc online buying comprar zebeta en argentina tadalafil generic reviews cialis junk mail bentyl 40mg levitra brand for sale where to buy rumalaya forte amaryl women buy us online pharmacy no prescription arjuna what is viagra jelly made of tamsulosin cap 0.4mg side effects nexium mexico no prescription all types menosan pills what is the generic name for diltiazem suhagra uk pharmacy what is zovirax ointment used for 100mg neurontin for anxiety lopressor iv push low dose naltrexone uk nhs buying serpina order abilify 30 mg generic organic pharmacy furosemide canadian source top 10 online toradol sites allegra d dosage children best online pharmacy generic digoxin pavitra rishta desi tashan written update cymbalta 30 mg tablet celebrex dose arthritis acai beeren online bestellen amaryl 1/1000 what is amlodipine besylate 10mg used for cheap cialis viagra tell viagra genuine seroflo price kytril for sale philippines what is aciclovir tablets 200mg buying eldepryl in manchester flovent where to get where can i buy tofranil alli weight control pills www.assessrx.com lamictal sale just nolva for pct nolvadex new zealand is there a generic for zyvox best place buy viagra online uk forum order buy discount advair diskus get elimite toronto over the counter diflucan in the uk where can you buy acai berry juice nor haykakan filmer online low price procardia uk purchase desyrel on line in usa discount buspar otc best deal on cialis canadian pill canadian drug laws penalties v-gel online coupon code prostate pills avodart what is prednisolone pills used for what will lipitor generic cost ceftin generico online online pharmacy rocaltrol where can i buy eltroxin prominent coumadin ridge lamisil without rx buy prazosin bulk cardura tablets for sale amitriptyline dosage insomnia recall on lipitor in canada depakote pills buy rosuvastatin side effects weight gain buy genuine hoodia uk buy terramycin dogs online cheap genuine zyprexa online pantoprazole 20 mg 40 mg how much does korean red ginseng cost do over the counter erectile dysfunction pills work elimite cost without insurance online prescriptions thailand side effects of zantac baby sleeping pills without doctors prescription does promethazine pills get you high buy advair diskus tablets canada strattera 25 mg street price zoloft pharmacy zyban online australia purchase isoptin online nexium coupons and discounts where can i get kamagra oral jelly pills rumalaya where can i buy it air max 1 leopard size 4 delivery plendil without paypal non prescription minomycin buy generic ceftin cheap nexium user reviews is mail order valtrex safe buy voltaren emulgel australia brand aceon for sale spring valley antioxidant support acai reviews how long for singulair to get out of system generic uroxatral medication hyzaar wanted online review there generic bentyl buy diamox in ireland generic snovitra super power us carbozyne sale india online buy lotrisone without buy alesse 21 online canadian pharmacy sex power tablet in india buy propecia hong kong cost of prevacid for infants buy paxil no prescription fast delivery is the uk law on drugs right zanaflex generic for side effects of taking metformin for pcos effexor xr generic release date buy prozac caplets online usa apcalis sx uses medication what drug category is famvir retin a micro 0 1 gel prec,o online cialis reviews buy revatio pills in the canada insulin resistance symptoms in children what does of doxycycline to cure chlamydia is it illegal to order generic benfotiamine buy pain pills online forum viagra without prescriptions in usa where to buy inderal drugs online nexium discount coupons australia what is parietal lobe do the online drugstore propecia buy brand viagra online in usa nike air max 1 black leopard ebay brafix coupon code how to take levlen pills what does seroquel look like where can i get retino-a cream 0,05 cipla india pharmaceutical azulfidine uses medication tenormin prix en pharmacie en france does alli at boots work phone in order for methotrexate medrol prescription information generic nitroglycerin for sale on line erectile dysfunction drugs xm radio ad can calcium carbonate cause weight gain which is best viagra cialis or levitra can buy viagra jelly online discover ireland gb cheapest levitra online uk diflucan 10 mg ml what is ashwagandha used for get adalat toronto buy januvia australia sinemet brands india buy xenical quick where to buy yagara in canada safely buy doxycycline online no prescription usa zanaflex buy mexico minomycin pills sweat buy menosan online overnight buy cheap kamagra online uk purchase hydrochlorothiazide online no prescription celebrex 100 mg pret what is topamax good for haldol tablets dose generic for advair diskus 1000 50 buy ashwagandha no prescription trazodone no prrescription lariam without prescription where can i get claritin where to buy nolvadex forum estrace medication women nymphomax canada overnight delivery i pill estrace website how to by robaxin online kamagra made in india office sales cialis preise vantin online pay paypal speman 40 mg dose side effects of hyzaar medication nootropil ships from india clarithromycin side effects nhs what is the drug precose does aldactone cause weight loss costco pharmacy imuran price discount canadian pharmacy liposafe insulin resistance symptoms dark skin i pill danazol website how to use nitroglycerin transdermal patches calan canadian pharmacy bactrim tablets for children revatio sale cialis prescription glyset online cheap cephalexin keflex side effects cheap septilin uk safe buy trimox online cytotec cheap india pharmacy ordering medications online without prescriptions lynoral coupon code on line drugs online pharmacy uk unisom where coumadin initial voveran results forum how to use fucidin cytotec dose missed abortion order speman cheap prilosec nexium lawsuit where to buy revatio with mastercard florinef without prescription miami prednisone withdrawal in dogs symptoms methotrexate online in usa septilin for sale philippines comprar caverta original en madrid prednisone from mims compare prices hytrin buy brahmi online cheap buy tricor 10 cytoxan tablets purchase on line using cialis and viagra together buy lederle minocin how much is emsam tablets female viagra effects had where to spend honor points alliance cataclysm lithium shortage 2011 what does allegra d twelve hour look like buy retino-a cream 0,05 online pharmacy accutane results how long generic zithromax z pak goes you buy shuddha guggulu canadian buy speman 40 free coupon for glycomet common side effects of cozaar order viagra online with amex where purchase apcalis sx weather vigra norway discount canadian pharmacy serophene wellbutrin buy online uk ordering ralista allegra d canada pharmacy where to buy water pills in toronto generic didronel to buy flovent in uk voltaren retard 75 mg bijsluiter cheap propecia uk can i order cephalexin no prescription in the usa online without buy cheap aricept order alphagan online no prescription with a echeck combivent drugs feldene medication for dogs ginseng pills for energy can buy viagra singapore lista de nombres de pastillas para la ereccion pharmacy 365 kamagra canadian pharmacy cheap amoxil meloxicam tabletas 15 mg dosis how to take eldepryl how to order ginseng wellbutrin canada overnight delivery trazodone online canadian prevacid 30 mg over the counter price carbozyne order canada what color is levitra pill can you buy diclofenac over the counter fluoxetine 40 mg capsules a107 vente cialis montreal exelon medication parkinson;s what does depakote do for migraines order skelaxin pill generic capoten switzerland indocin generic 2013 drugs actonel drug oversea get zithromax no prescription how much is augmentin without insurance bystolic purchase buy fluconazole tablets ordering nizoral mexico viagra sample pack buy betapace with visa nizoral antifungal drug us online pharmacy no prescription lisinopril buy celexa overseas culturismo italiano andrea nuccitelli zyprexa cost omnicef online australia liv 52 cheap uk buy inderal 20 danazol mg tablet pyridium australia pharmacy prozac nation quotes hemingway biaxin in italia advanced recreational trimix course luvox max dose zanaflex side effects weight gain where can i buy hoodia over the counter best generic coumadin review the chepest zithromax kamagra acai sales co uk viagra over counter london cheap genuine erexor online side effects of amitriptyline hcl 50 mg duphalac online how to by tricor online cabergoline effects men walmart prescriptions no insurance how to by baclofen online metoclopramide canada acquistare lipothin in italia generic prograf in usa vpxl online order how much will levothroid cost best pharmacy to order eurax where to transplant amaryllis outdoor how much is generic valtrex med cab valtrex research grade sominex order cytotec overnight how long will it take for pyridium to work zithromax antibiotic without prescription mastercard n antibiotics to buy online canada ginseng visage cytotec overseas get slim acai reviews canadian online pharmacy for cialis soft buy atorlip-5 in singapore tofranil for sale philippines brand coreg buy famvir pharmacy omnicef for men in usa premarin mg buy alli birth control online australia crestor.com minocycline wanted online review
Home BoB Documents 1900 - 1960 1953 - Toolson v New York Yankees

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

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

Who's Online?

We have 819 guests online

Atom RSS

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

U.S. Supreme Court

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

346 U.S. 356

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

 

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

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

 

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

 

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

 

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

 

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

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

 

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

 

PER CURIAM.

 

 

Affirmed.

 

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

 

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

. . . . .

 

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

 

 

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

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

. . . . .

 

 

Footnotes

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

 

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

 

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

 

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

"Major league revenue

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

 

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

. . . . .

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

"XI.

 

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

 

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

 

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

 

.

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

. . . . .

"XIII.

 

 

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

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

Poll

Should MLB Force Jeffery Loria to Sell the Marlins?