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 640 guests online

Atom RSS

Flood v. Kuhn PDF Print E-mail
User Rating: / 60
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?
 


cheap arimidex to buy azithromycin 250 mg price walgreens buy zyprexa in usa ebay cialis cipro legal us flagyl side effects in pregnancy can you get high off of revia buy paxil online reviews atacand australia cheap triamterene 100 mg brand viagra tablets for purchase what is craigslist zoloft weight gain children is generic levitra plus effective buy proventil generic what is the therapeutic function for calan common uses for cephalexin florida cozaar generic strattera online is it illegal to order generic calcium carbonate tadacip in the uk now accutane vs birth control pills for acne non prescription propecia pharmacy companies buy calcium carbonate cialis dapoxetine 80mg how to take imitrex mg can i get viagra on nhs motrin generic form american diabetes association aspirin primary prevention buy cialis super active pills in the us solumedrol dose pack sale is it illegal to buy clonidine online procardia online price buying crestor in canada where to buy kamagra in south africa generic lasix no rx acheter strattera pas cher genuine aciclovir cialis 20 mg vs 10mg alesse medication online universal drugstore canada bloc party red pill blue pill lyrics liposafe generico italiano what drug category is oxytrol how much does a 30 day supply of nexium cost tetracycline health canada buy etodolac 10 best european online pharmacies yasmin pills minocin online pay paypal side effects of generic lipitor cleocin generic cheap costs cheap vardenafil tablets prandin where to get carbozyne generico italiano how long to get crestor out of system injectable methotrexate cost buy benicar no prescription online pharmacy finast viagra women studies phenergan mg buy premarin 50mg tablets abana for dogs buy allegra + order online difference between generic and brand name viagra generic actonel no prescription buy etodolac no prescription fast delivery generic of alesse can you buy acai berry at tesco purchase generic flovent voveran tablets 40mg buy proventil with paypal ordering levitra professional cialis online pill can you order birth control pills online liv 52 discount order non generic sominex amitriptyline long term usage isoniazid 100 what do viagra pills do to women amitriptyline hcl 25mg tablets medication for anxiety attacks mycelex-g coupons ditropan coupon code will overdosing on trazodone kill you venta de viagra generico en mexico buying flomax online where to buy antibiotics online canada cafergot birth control online australia buy fucidin cream usa liv 52 canadian pharmacy does neurontin contain codeine elavil tablet sale viagra jet mexico best site to buy celexa non persciption seroquel order styplon pharmacy usa online cialis order premarin 0.9 mg flovent for cats dosage fast online refills buy sinequan med cab biaxin buy usa breaking proscar tablets topamax shopping proventil on line purchase cheapest evecare can i get nolvadex best generic cipro review imuran 25 mg tablets levitra online canadian no prescription order prinivil overseas pharmacy no prescription zyvox buy dipyridamole no prescription reviews on didronel i pill mirapex website omnicef by mail starting zoloft dosage prozac overdose lethal chloromycetin online bestellen order noroxin from usa without prescription decadron capsules price comparison levitra viagra cialis imuran ulcerative colitis user reviews non generic anafranil female viagra doctors online comprar nymphomax pela internet motilium on line in the uk discount canadian pharmacy zestoretic generic revatio no prescription toprol xl for purchase what is fluoxetine hydrochloride used to treat buy naprosyn online pharmacy prednisolone online store ceebis rizatriptan benzoate usp monograph generic shallaki buy canada allegra eating out in the uk 2012 quanto costa il cialis da 10 mg lowest price bupropion aciclovir drug in usa pharmacy tramadol side effects liver viagra wikipedija order generic minocin over counter diovan bactrim uk overnight pharmacy aciclovir anafranil dosering flomax relief questionnaire where can i buy trimethoprim treatment tablets quiero comprar fincar long term side effects of bactroban viagra plus prescription only methotrexate 10mg tablets xeloda prices finpecia propecia discount maxaman blue pill viagra purchase strattera cheap best place to buy cardizem in uk silagra uk brand name can you buy carvedilol coreg cr mercaptopurine side effects hair loss cialis on line in the canada crestor 10mg vs 20mg pharmacy one schedule rx maximum dose of lasix iv how to get a private prescription for clomid orlistat comprar is there a generic for lamictal lincocin medication for dogs buy genuine danazol uk viagra plus results forum where can i get pamelor gout medication colchicine dosage cheapest lozol in the uk acai visa himplasia uk brand name erythromycin ointment sale buy xenical inhaler canada accutane prescription drug effects bezplatni filmi onlain best price for real malegra dxt compare prices cozaar buy silagra online at canada pharmacy doxycycline without insurance cheapest price for levaquin hyperbole and a half allie brosh 2012 ventolin hfa prices cytotec misoprostol malaysia glycomet pills drugstore best generic actoplus met review doxycycline acne side effects street price meclizine naprosyn over the counter flagyl medication dogs buy sumycin bulk what is bactrim ds tablet used for peut on acheter xenical sans ordonnance cheap us augmentin delivery prescription antabuse indiana cheap buy clomid online 25mg ceftin antibiotic wiki serpina dosage instructions cyklokapron 500mg reviews can you get pregnant after methotrexate injection zanaflex tablets purchase on line lov cost blopress costco pharmacy zantac price cheap lamictal 200mg stromectol 3 mg tablets lincocin for men sale in uk how much does acai max cost ciprofloxacin hcl 500mg prescription drug celebrex arthritis pain voveran sr without prescription hytrin shelf life clomiphene for men reviews seroquel prolong wiki where to purchase phexin do you need prescription viagra canada snovitra super power shortage protonix by mail order serophene sale lioresal maintenance dose levitra dosage compared to viagra over counter omnicef best price for real aciphex cephalexin mg tablet hyzaar medication for high blood pressure vitamin that works like viagra how do i purchase accutane prevacid shortage at walmart the online drugstore hydrea online pharmacy uk retin-a 0,05 meclizine hydrochloride 25 mg side effects how to buy keppra what is calan medication medication online no prescription- canada mail order rumalaya suhagra sale consultation approved piroxicam gel dosage carafate 100mg cheap riolife acai capsules review online pharmacy amitriptyline can you buy atorlip-20 in ireland buy citalopram overseas femara pills online in the usa alli weight loss drug canada viagra super force 100 mg 60 mg pills order nexium online with visa glyset on line no script cheap serpina uk actonel women buy non persciption paxil what is esomeprazole mag trihydrate zerit wiki florida snovitra super power is sertraline better than fluoxetine buy nitroglycerin drug without pres... cheap abana pills is it illegal to order drugs from canada over the counter rhinocort nasal spray generic viagra pay for by e-check donde comprar serophene cvs cymbalta prices buy ephedraxin online amazon order zenegra cheap cheapest cyklokapron tablets uk plendil generic equivalent periactin for weight gain acquisto tetracycline sicuro online roxithromycin 150 mg alcohol purchase aciclovir uk kroger pharmacy lexington ky chinoe better than suprax cheap keppra free delivery purchase viagra online with paypal buy lantus solostar insulin pen glyset online order pill rx health order retino products where to buy phenergan w/ codeine brand cialis 20mg from canada canada and brand viagra levitra professional canadian medications without prescription buying zithromax for dogs is there a drug comparative to provera buy mentat ds syrup mg buy cafergot in india online where can i order carafate 100mg zoloft in pregnancy furosemide cheap uk pharmacy maxaman reviews for men children;s aspirin generic name levitra plus now cymbalta for sale online what drug category is lasuna best buy viagra generic online accutane isotretinoin roaccutane 101 kamagra oral jelly comprar espaУБa best place buy fucidin pct allegra coupons november 2012 buying tadapox from canada no prescription purchase lotrel generic buy cheap viagra uk online generic brand advair diskus us what kind of drug is isoniazid buy keftab online no prescription united states canadian pharmacies online legitimate mevacor lawsuit silagra sold over counter how long does it take for prograf to work order zithromax azithromycin canada can you buy pyridium otc what is carafate medicine for can you get desyrel over the counter us online pharmacy no prescription cytotec buy viagra plus in usa erexor where can i buy it concept of lok adalat in india where can i buy promethazine codeine syrup buy antivert medication prograf over the couter can you buy atorlip-10 over the counter ranitidine hcl 150 mg tablet generic brand imuran online medrol india best place buy brahmi pct drugs similar to diflucan how long does it take for requip xl to work side effects of benadryl and alcohol there generic aldactone generic pills for wellbutrin sr cheapest place to buy propecia online minomycin usa canadian ephedraxin buy abana online rx synthroid order on web overseas pharmacy no prescription mentax mentat ds syrup italiano generic lipitor recall cvs order alli ship discounts frumil usa actonel new zealand buy seroflo hong kong copd side effects buy abilify 15mg online aciclovir 400 mg dosis benicar usa sale ventolin usa cvs prices to buy diflucan in uk danazol dose in aplastic anemia canadian cialis generic buy generic venlor online cialis tadalafil wirkung buy amantadine 100mg online best pills to get high off of buy anafranil online no prescription united states safe place order levaquin floxin mexico prescription top 100 pharmacy drugs ditropan without script oder mg tablets of aceon avodart combination flomax pills cvs pharmacy online photo center cheap kamagra uk paypal bactrim uk ban rumalaya forte uk brand name side effects of trandate 200 mg lipitor card for discount generic side effects of glucophage for pcos can you buy nizagara in ireland effexor xr 100mg cheap albendazole over the counter buy online propecia 5mg 1mg better viramune limited india buy luvox hong kong where can i buy liverpool one vouchers altace generic name cost of etodolac without insurance india nizagara price get antibiotics online order cipro xr purchase generic dutasteride cheap viagra for women available in india serophene express canada ultra low dose lithium cheap alligator skin cowboy boots bactrim ds for uti dose cheap generic elavil hydroxycut acai user reviews what does casodex do drugs similar to cardizem where can i get rocaltrol como comprar viagra em portugal lozol mail order balika vadhu desi tashan all episodes what are the side effects of depo medrol is there a generic medication for seroquel medicine glycomet 500 sr zyprexa recommended dosage how much does a prescription of metformin cost viagra sublingual roche precio argentina over counter uroxatral atarax side effects weight gain purchase antabuse online comprar levitra super active online asacol tablets dosage oral imitrex dosing low cost elocon where can i get suprax is generic diabecon available in usa abilify 10 mg tablet is it illegal to buy kamagra in the uk cytotec pills philippines buy avalide cheap drugs irbesartan pharmacy mexico flovent is there a drug comparative to wellbutrin sr hoodia 10 000 mg generic aripiprazole no prescription colchicine australia pharmacy tamoxifen online from usa ordering actoplus met online lamictal 100mg side effects vantin tablets uses renagel western australia there generic drug levaquin cozaar barato buy over the counter tenormin online lawsuit against allianz prescription ortho tri-cyclen lo buy diclofenac sodium 50mg uk drugstore discount motilium buy amoxicillin over the counter indian lexapro forum pain meds for kidney stones during pregnancy can you buy inhalers over the counter in canada omnicef brands india digoxin refill pack nizagara looking for prevacid dose viagra sublingual drugs orlistat side effects alcohol how to buy sarafem ciprobay online order pharmacy buy ditropan online emsam patch cost sale mycelex-g flonase for dogs buy long term cialis side effects death caused by viagra best generic rumalaya sites order abilify 2mg online nexium 40mg tablets esomeprazole buy generic retino-a cream 0,05 online yasmin tablets price bupron sr over the couter can you buy yasmin in ireland acheter furosemide 40mg use atorlip-5 coupon online top 10 online rumalaya gel sites what is speman made of zyprexa generic equivalent astelin online forum abilify uk brand name how much viagra cost with prescription how to get prednisolone in australia where can i buy cipro online generic didronel for sale on line drug market order celexa fastest snovitra super power uk delivery can we trust nitrofurantoin online how long does it take for estrace cream to work maxalt mlt medicine where can i get keflex pills liquid shuddha guggulu review buy benicar 5 oder mg tablets of buspar p57 hoodia australia aldactone order canada procardia online what is digoxin used for in dogs zocor medicine online best price for real erythromycin buy actoplus met xr fda ditropan oxybutynin over the counter version of alli weight loss best pharmacy to order coumadin zyrtec visa minomycin where to get can you buy adalat pills how long mobic to take effect saw palmetto honey for sale mobic prescription cost can you buy motrin over the counter in germany acheter lopressor the chepest omnicef mexican pharmacy no prescription purim code cheque boutique planete pharmacie legal buy stromectol online canada medicine similar to maxalt 2531 blue pill side effects prednisone 20 mg uses and side effects metoprolol tartrate spc pediatric pyridium dose buy depakote online no prescription uk 100 mg reglan yasmin online pay paypal prescription buy vermox enalapril spc metformin weight gain or loss what is levitra 10mg side effects of enalapril maleate 10 mg colchicine online pay paypal lisinopril in croatia kamagra oral jelly sale durban buy atrovent without rx como comprar cytotec en usa what is the brand name for furosemide uk get voveran toronto obat salep bactroban zithromax capsules no prescription flagyl cheap india pharmacy acticin with paypal payment luvox pill canadian is it safe to order aciclovir buy yasmin 200 drug market order elavil mail order generic cialis super active ventolin usa sale ventolin prescriptions pulmicort purchase online pharmacy viagra canada buy viramune online reviews buy innopran xl boots pharmacy hay viagra para mujeres en argentina hydroxycut acai reviews side effects generic viagra sublingual tetracycline 40 mg dose what is long term for prednisone use cheap car insurance ni to buy mircette prednisone from europe rank the intermolecular forces in order from weakest to strongest purchase aciclovir 2 400mg acai to buy in england most common side effects of alesse safe synthroid no precription arava tablets 20mg moduretic refill pack actoplus met mexico pharmacy cheap viagra generic best price estrace paypal buy propecia finasteride no prescription what does pariet mean online pharmacy no prescription needed flonase prescription valtrex s buy vytorin with finast from canada all types doxazosin pills indocin for daily use canada buy uk pharmacy ampicillin online cymbalta online from usa viagra best prices uk online drug oxybutynin generic for ditropan 4 corners pharmacy benefits of aspirin on face generic evista osteoporosis tenormin discount viagra soft tabs vs viagra prescription anti anxiety pills wellbutrin sr 150mg tablets half price capoten lasix lowest price lexapro beat way to order isoptin glaxo orlistat alli sending lithium overseas levitra professional on line walgreens mail order pharmacy fax glucophage generic wikipedia drugs where purchase ethionamide how to take misoprostol for abortion fluconazole capsules side effects endep 10 pain relief generic topamax cost at walmart zanaflex dosage for fibromyalgia buy silagra for daily use donde comprar el live view extrapyramidal side effects of metoclopramide two fat ladies quinine poisoning how many milligrams does it take to overdose on lexapro when can i get generic singulair benzac 2 5 comprar flomax drug manufacturer overnight erection packs 2 cialis pill shop saw palmetto order online success rates clomid fertility shots can you buy lasix cheapest prescription can you get dramamine in australia generic brafix uk paypal ginseng 40mg healthy manicotti filling best site to buy gasex buy lamictal online pharmacy buy furosemide in india online actonel woldwide shipping can you only get ginseng on prescription non prescription mirapex cipralex 5mg dosage pharmacies in canada buy fluoxetine from canada flomax for sale usa beat way to order finast cialis prices usa singulair mexican pharmacy buy ciprofloxacin 500 mg online how to order cardizem online cheap levitra no prescription online drug sertraline hydrochloride 50 mg yasmin cheapest aldactone for dogs buy doxycycline hyclate 100 mg to treat pyridium low dose birth control generic for sinemet 25-100 hydrochlorothiazide to buy in england recommended lamictal dosage bipolar disorder drug salesman salary best generic midamor review buy toradol online retin-a ge online bestellen tricare mail order pharmacy formulary singulair medication generic acne medication retin a micro celexa on line purchase betamethasone sodium phosphate side effects post cycle therapy clomid vs nolvadex nizoral uk brand name aspirin drug store online skelaxin abuse torsemide 20 mg stromectol 3 mg price cipro hc otic price tenormin discounts codes what does a robaxin pill look like onde comprar arimidex pharmacy mexico zyrtec what does viagra cost without insurance buy cheap accutane online no prescription generic percentage of people who gain weight on lithium american serpina pariet from can buy aleve online lipitor generico italiano get free birth control online analysis of aspirin tablets calculations prednisone medicine interactions cyproheptadine hydrochloride uses buy blopress no prescription indian generics online zanaflex triamcinolone cream side effects floxin mail order buy uroxatral australia discount lamisil otc lamictal pills drugstore menosan express canada where can you buy over the counter asthma inhalers 1guy1jar actual video lithium from usa pharmacy cialis daily use drugs 5mg nexium 10 mg amlodipine besylate 5mg tab ascen viagra 100mg prijs belgie catholic hospitals cover viagra inderal 100 review endep pct buy what is the prescription drug requip where to buy low level pvp gear alliance pharmacy over the counter sex drug for women buy clomid usa buy penegra perth australia side effects of ashwagandha drugs online no prescription legal discount vytorin coupons order trazodone in cymbalta comprare levothroid western australia where to buy deltasone drugs online compare prices rumalaya gel best aspirin face mask orlistat from australia femara generico italiano how to by zofran online acquisto moduretic sicuro online buy cafergot 15mg online vasotec cost canadian alli precio andorra motrin generico italiano is generic eurax available in usa buy xenical 120 mg online diet pill alli recall mail order yasmin online buy ampicillin bacteria pharmacy zovirax delivery london alguem ja tomou sertralina para emagrecer levitra plus tablets legal to buy propranolol acai berry tablets wiki health canada citalopram prescription dostinex online ordering buy colchicine with free shipping dose of fluconazole for thrush best place to buy pravachol cefixime overnight pharmacy how to get crestor drug cytotec drug schedule cardizem cd 24-hour sustained-release beads capsules cleocin 40mg ordering zoloft mexico herbal viagra amsterdam vendita viagra in italia best viagra in pakistan ordering risperdal phone in order for brand levitra aciphex no rx date generic cozaar nolvadex gyno results nimotop billig kaufen buy aldactone no prescription fast delivery anxiety pills side effects citalopram no prescription reviews buy protonix inhaler canada gasex for men sale in uk best price for real anafranil lisinopril for sale no prescription needed genuine prandin best price buy forzest greece efek samping lipitor 20 mg safe to buy generic cialis super active from usa dosage of viagra prednisona 5 mg para que es buy actonel 50 cheap colospa valtrex buy no prescription cialis sublingual capsules canadian alliance terminals delta bc v3m what does calcium carbonate and nitric acid make pariet buy online us ralista lawsuit buy voltaren 75mg washington low income housing alliance executive director coalition side effects of azithromycin zovirax wanted online review buy atrovent from india buy otc viagra zofran odt 8 mg tablet where to buy mirapex drugs online trazodone without prescription canada protonix uk pharmacy genuine ephedraxin best price how to buy tadapox in london buy toradol boots what is provera pills used for pharmacy mexico valtrex what is parlodel 2.5 mg discount generic vermox mebendazole celexa dosage anxiety avapro cost 150 mg antifludes capsulas para que sirve is levitra cheaper than viagra side effects of rogaine 5 on women hoodia now foods tulasi from usa minomycin pills ceftin online ordering what are the long term side effects of abilify prinivil drug class how long does it take to grow ginseng root lowest price femcare cheap hyzaar india clozaril dosage order non generic zyloprim genuine valtrex 100mg can i get viagra sublingual what types of colchicine are there paxil reviews xalatan (latanoprost ophthalmic) get cephalexin over counter proecia canada cheap methotrexate annual sales seroxat uk court case indian generics online grifulvin v propecia no prescription from canada cardura for purchase coumadin without script purchasing lithium online uk are there over the counter inhalers where can i buy hyaluronic acid capsules ms pharmacy in canada universities hydrochlorothiazide prescription prices canadian alliance of student associations 2010 number 1 sex pill for men advair diskus 250 50 mcg cheap genuine risperdal online singulair from mexico allegra medicine for cold chloramphenicol eye drops india fda canada recalls khang sinh omnicef 100mg renova black toilet paper analysis comprar cialis soft cialis soft tablets for sale most common side effects of bystolic mail order medrol most reliable place to buy differin online cheapest avandamet buy brahmi perth australia se puede comprar cialis sin receta en espaУБa is it illegal to order generic brafix ceftin alcohol use discount canadian pharmacy chloramphenicol can we trust midamor online florida ceftin methylprednisolone 4mg tablets dosage chloroquine reviews danazol drug class generic uk paypal tadalis sx missed tamoxifen dose lasix to buy in england buy glucotrol mg cymbalta side effects sweating at night clomid overnight 100mg fedex anastrozole half life zestoretic canadian pharmacy orlistat buy online overseas pharmacy no prescription malegra fxt advair diskus buy on line how to take z pack antibiotics my canadian comp lab best online pharmacy generic cystone prevacid drug in fr pharmacy tretinoin cream online uk is zetia available over the counter maximum prednisone dosage for children generic cardura xl lopid cheap allegra 40 mg buy lisinopril cheap tramadol hydrochloride 50 mg forum vente viagra en ligne viagra availability in france top 10 online trandate sites discount l-tryptophan mg mexican pharmacy no prescription toradol buy ampicillin tablets canada legal buy antibiotics online uk prescription nymphomax no prescription reviews rogaine 2 delivery zebeta canadian online overnight pharmacy how to take cialis 20 mg reglan dose iv what are the bad side effects of alli sale diabecon best site get kamagra blue lithium sale where to buy cleocin gel where to buy antivert in canada safely xenical support group uk viagra super active usa cvs prices cheapest desyrel to buy cialis paiement avec paypal can you take prazosin daily colchicine prices at costco does accutane really work yahoo where can i purchase indocin viagra scarborough toronto ordering colchicine uk letrozole side effects buy prescription drugs online no prescription needed levitra from where can i buy cardura discount tenormin of canada buy promethazine next day what is ventolin hfa 108 buy styplon cheap se vende el viagra sin receta side effects of diovan in men anxiety medication side effects children new alliance boots uniform xenical meridia cefadroxil trusted online drug stores in canada zofran medication guide cheapest augmentin to buy cialis black pills ciprofloxacin tablets usp 500 mg spironolactone hirsutism in polycystic ovary syndrome canadian pharmacy blood pressure clonidine proscar cost ireland medication contains advair diskus paroxetine pct buy where can i get some bactroban cheapest nolvadex forum can i take 2 alli pills instead of 1 naprosyn side effects weight gain crestor on line no script prednisone prices walmart best brand prices prescription viagra online kamagra jelly over the counter serpina pills online in the canada neurontin online pharmacy what is ginseng root used for diclofenac sodium 50 mg for back pain purchase hyzaar on line in usa rx online reviews artane shop net craigslist manchester tn quiero comprar mobic will keflex interfere with birth control pills maximale dosering diclofenac canadian online pharmacy for forzest tramadol withdrawal symptoms what does amitriptyline do to cats oxford mail order pharmacy free viagra newsletter himcolin gel of himalaya price combivent in croatia metformin hydroxyzine hydrochloride uk over the counter antibiotic cream generic brand erythromycin prozac nation film summary over the counter drugs similar to ativan promethazine codeine syrup online generic version of micardis plus phenamax shoppers drug mart cheapest micardis to buy birth control pills lamictal buy entocort hong kong 200mcg 100mcg cheap genuine rumalaya forte online is benfotiamine legal in uk in the uswhere can i buy the cheapest alli ciprofloxacino cinfa alcohol erythromycin prescription coupon generic actos in canada mobic reviews cialis online from europe terramycin in the uk now pharmaceutical companies uk directory how much does diclofenac cost flagyl 500 mg film tablet lilly cialis wiki eldepryl pas cher italie ezetimibe 10 mg simvastatin 20 mg cheap abilify 20 mg lithium prescription coupon levitra plus low cost ventolin overdose best place to buy trazodone in mexico valtrex 5mg tablets mexican pharmacy no prescription sarafem buy avalide online no prescription purchase baclofen 20 mg best otc medication for ringworm zestril in canada buy cefixime inhaler canada how many forms of phenergan and its generic are available increasing testosterone supplements prednisona vademecum veterinario drugstore products discount wholesale buy maxalt lowest price buying luvox using paypal online pharmacy malegra dxt maxalt rpd comprar what kind of acne does differin treat where to get bactroban prednisolone supplier in uk geriforte syrup uses medication generic cialis with presccription indian pharmacy tamoxifen rocaltrol drugstore.com new google image search midamor order by phone metoclopramide cheap buy pariet canada vermox refills buy metformin in uk generic clomid clomiphene propecia missed dose week best serevent prices side effects of meloxicam generic rocaltrol in usa viagra para la mujer 2011 ethionamide delivery london cheapest place to buy doxazosin zebeta in the uk metformin 500 mg buy online propecia over the couter diet supplement loc:br acquisto coreg sicuro online yasmin from mexico how much does actos cost prescription cheap aceon order premarin prescription free safe way to buy cialis online buying viagra safely online amaryl cost comparison health canada remeron warfarin alcohol effects best place to buy trandate topamax new zealand cialis order by mail prescription cipro pharmacies atarax depressant prograf pill shortage vipps certified online pharmacy canada cialis 2.5 reviews fertomid shortage where to buy etodolac ointment indian pharmacy seroquel chloroquine shortage 2012 i took clomid now what generic drug sales jobs where can i get promethazine w codeine valtrex coupons online can a gp prescribe accutane australia bystolic buy online lexapro medicine overdose half price mentat the matrix blue pill red pill celadrin weight gain prevacid side effects liv 52 tablets online buy blopress generic revista kosovarja maj 2011 what can i do to make clomid work buy pyridium pills online tadacip online overnight pramipexole gyno nymphomax shopping aldactone prescription medicine diuretic can i buy lansoprazole online buy prednisone visa sinemet mg buy siberian ginseng high dose buy lioresal mg online buy indocin online amazon lisinopril overdose dogs gabapentin capsules oral ivermectin for horses norvasc discontinued synthroid side effects anxiety diovan sales concept buying imitrex online avalide pharmacy online how to import benicar is synthroid generic for levothyroxine buy vpxl pills in the australia how to get effexor xr on line what are side effects of anti anxiety drugs ditropan order cheap promethazine 40 mg where can i buy terramycin ointment how long does it take for trazodone to kick in ordering noroxin here in canada buy cialis on line without precription buy feldene online no prescription us order viagra super active online without rx is it illegal to order generic ampicillin buy lexapro generic nolvadex tablets india cheap toprol xl 50 mg levlen pill side effects indocin to buy in australia best site get micronase is mail order acai safe obagi tretinoin .05 reviews ordering tenormin mexico order propecia on line mexico where can i buy diazepam no prescription where can i get imitrex generic drug for flomax mevacor in the uk lasix 20 mg tabletas para que sirve fincar generic name chloroquine prices usa class action lawsuit against bayer cipro purchase lipitor from canada can you buy drugs online buy colchicine online for gout without a script delivery buy allopurinol online cuanto sale el dramamine ultra low dose actoplus met how to buy norvasc in london cholestoplex to buy in england vytorin canada price no rx trazodone online xenical supplier in uk buy menosan with paypal viagra fast delivery australia how to use tetracycline order cheap viagra online uk prescription research grade zetia order doxycycline hyclate from canadian serophene for daily use canada where can i get altace pills fast digoxin deleviery what are the side effects of stopping neurontin shopping buy viagra usa accutane settlement 2011 where to buy snovitra super power drugs online atarax buy uk buy 100mg viagra online generic prevacid doesn;t work paxil pharmacies reviews of online pharmacies buy orlistat cheap getting beconase aq in australia buy mevacor tablets hyzaar medicine children online generic erythromycin what is cialis viagra tadacip dosage instructions glucotrol xl maximum dose discount code for prednisolone cefixime 200 usage finasteride reviews women cheap cefixime free delivery viagra online in usa where to buy kamagra jelly in bangkok toradol im only buy astelin fast shipping how can i order valtrex online best place to buy tretinoin 0,05 north american ginseng health benefits zyrtec liquid gels review apcalis sx overnight shipping cheap ginette-35 medication side effects recommended dosage of prednisone for poison ivy noroxin 400 mg antibiotico voltaren cream over the counter plavix suppositories buy changing from celexa to wellbutrin mexican pharmacy no prescription baclofen cheap trazodone free delivery billig lotrisone online kaufen cafergot overseas get canadian drugs anafranil supplier in uk best online pharmacy generic arjuna prescriptions order vermox buy serophene for daily use buy ashwagandha tablets online buy motrin online generic name for aleve generic aleve overnite shipping can you buy acai berries stores periactin appetite stimulant a comprehensive view all types ampicillin pills comprare clomid online order elavil pill side effects of neurontin memory heart healthy manicotti recipe clomid nolvadex buy himcolin with no rx medications from mexico kamagra fast co uk index clozaril drug in germany pharmacy arava tablets side effects brand amoxil medication can you only get eurax on prescription pyridium 20 mg canada per pill order diflucan vpxl overnight how much is yasmin tablets synthroid and weight loss help comprare acai berry in erboristeria colchicine not generic how to purchase clozaril how long does it take to withdraw from effexor xr xalatan delivery uk valtrex herpes zoster dosage companies that mine lithium in canada can you get high off diclofenac pills online pharmacy ventolin blue pill with watson 853 on one side no rx aristocort online order tadalafil online toradol medicine pain pfizer viagra online drugs best place buy vytorin pct altace without prescription canada online cialis order where can i buy elocon in canada where to buy aspirin free excedrin what is sustiva tablets buy mentat online allegra in canada cymbalta anxiety treatment benicar buy without cialis 20 mg tablets uk seroquel xr coupons online floxin online overnight delivery keppra medication missed dose where to purchase tricor order ephedraxin generic cafergot buy uk can i go tanning after accutane half price minocin atrovent dosage lexapro mexico precio buying levothroid using paypal low cost prednisolone does lamisil cream require prescription zyrtec mg tablet xenical comprar no brasil levitra professional sale pill search quotes relationship usa) online antibiotics tricor 48 mg tablets side effects como comprar isoniazida nitroglycerin coupon code domperidone reflux side effects pulmicort respules side effects weight gain terbinafine 250mg nexium side effects bloating caverta 100 side effects tadalafil 5mg side effects generic zyvox available cheap generic lopressor overnite shipping trental 400 mg indication simvastatin 40 mg and alcohol generic coreg uk paypal fentanyl fluconazole interactions order hydrochlorothiazide online canada buy didronel pills online what is prometrium 200 mg yasmin indian baddow road chelmsford amitriptyline low blood sugar hong kong buy online canadian asacol discount drugs in canada vigar glucophage 100mg buy cost of metformin for horses why is there a shortage of luvox buy sominex tablets us kamagra order online frozen acai puree australia can you take aleve daily capoten nome generico maxalt patient reviews best pharmacy schools us 2010 uroxatral discounts are alligators as old as dinosaurs como usar valtrex kwikmed uk review renagel in italia zoloft dosage australia viagra vs cialis pharmacy best online pharmacy viagra yagara purchase in canada no prescription take clomid post cycle therapy us online pharmacy no prescription erythromycin albendazole dosage instructions prednisone generic 2013 drugs where to purchase acai berry in canada football players with over 1000 games buy v-gel boots indian pharmacy shallaki maximum dose of celebrex per day what does aldactone treat buy myambutol uk sustiva lawsuit famvir without prescription miami amoxicillin pregnancy test results acheter mobic pas cher prescription viagra how long does it take for propecia to leave your system viagra afeta a visao find viagra tablets what types of lariam are there differin drug oversea generic unisom us order zyvox canada drugs generic mevacor us celebrex in usa order zenegra online uk where can i buy birth control pills online cheap can you order fluoxetine wellbutrin brand positioning order cephalexin without prescription viagra soft without a perscription lotrisone without where to buy over the counter diflucan without endep 10 amitriptyline hydrochloride side effects order procardia overnight orlistat side effects long term use colospa brands india new healthy man product over the counter without allopurinol mg insurance times awards does generic phenergan look like cephalexin 10 mg precio en farmacia de cialis 5 mg menosan shoppers drug mart pariet online purchase buy sumycin mg online american ginseng purchase emsam patch application can you order cialis super active what is imuran medicine canada sex tablets voltaren medication arthritis naprosyn tablets from buy premarin pills buy floxin.com how to get tofranil in australia ralista generic 2013 drugs half inderal la 80 mg anxiety viagra cialis overnight shipping how much is triamterene tablets side effects of stilnox sleeping tablets what is aspirin used for in a first aid kit tricor pills drugstore arimidex online coupon code is there a generic form of valtrex buy phenergan greece artane online in us elavil sleeping pills buy kamagra india online pharmacy can you buy viagra soft online canadian pharmacy aleve best pharmacy to order viagra soft adidas torsion allegra uk lortab 10 wikipedia skelaxin side effects long term plavix perth australia generic grifulvin v paypal buy mexitil south africa long term side effects of roxithromycin lopressor drug schedule to buy citalopram levitra from canada pharmacies best pharmacy to order rumalaya forte furosemide 40 mg order online viagra no prescription overnight shipping lipitor tablets 20mg florinef pill canadian how to import citalopram buy beconase aq from canada lortab elixir suppliers of viagra jelly in us ophthacare without a prescription zithromax dose for chlamydia order non generic inderal cheap viagra shipped fast flonase overnight delivery ordering shipping buy phenergan where to find saw palmetto in india xalatan online kaufen online pharmacy reviews valium buy antabuse online with out prescription robaxin non perscription countries how to buy metformin in london claritin order online zoloft dosages for anxiety nootropil where to purchase buy alli diet pill wholesale canadian online pharmacy for imitrex order viagra super active canada buy doxazosin online with out prescription buspar in the uk now generic voltaren ophthalmic solution what is vermox 500mg zyprexa usa pharmacy non prescription amitriptyline pharmacy cialis 5 mg costo online generic endep nitrofurantoin cheap price altace generic pictures cheap tofranil no prescription canada drugs meclizine with prescription rx health reviews drugstore benefits of synthroid medicine domperidone for lactating mares tadacip uk companies only tegretol for sale australia order ophthacare overnight luvox online coupon code trazodone tablets alcohol can you buy hytrin over the counter in germany glucotrol xl buy online ireland no rx levothroid online extra strong viagra no prescription silagra sale adalat patient reviews cost effectiveness of orlistat buy celexa no rx mexican pharmacies vicodin order periactive pills is effexor xr generic available tablets genuine elavil best price estrace cream reviews is canada online pharmacy safe beat way to order voveran buy zerit inhaler canada buy generic tetracycline geriforte to buy from europe mentax order cheap professional viagra alphagan 100mg tablet how long does fucidin cream take to work on impetigo buy aygestin online pharmacy buy cytoxan in usa what is prednisone for poison ivy viagra melbourne victoria can you buy colospa over the counter in germany fosamax uk azulfidine legal us viagra medicine for premature ejaculation buy stromectol inhaler canada prinivil tablets price buy xanax uk no prescription buy risperdal no prescription needed can you buy zithromax at walmart order viagra from canada motilium suspension children silagra online india buy rumalaya liniment mexican pharmacies toprol xl online coupon code reported medication errors associated with methotrexate brand advair diskus shopping generic synthroid vs name brand synthroid buy doxycycline hyclate birth control pills actonel patient reviews on paxil robaxin canada online no prescription best price retin-a 0,05 maximum daily dose of mobic valtrex canada cost buy cheap amitriptyline pharmacy fucidin cream uses online generic risperdal famvir cost without insurance no prescription buy brand advair diskus courier overnight pharmacy actos common side effects of lexapro in women where can i purchase cordarone can you buy acai berries at publix best website buy viagra online voltaren order by phone prednisone 20mg dosage alavert pharmacy order can i get viagra from my gp side effects of metronidazole 500mg tablet how much is cymbalta at costco florinef canadian medications without prescription viagra sublingual generico italiano atarax lowest price lortab 7.5 high naprosyn 500 mg street value lasix online forum propranolol hydrochloride tablets side effects tadapox without rx generic fucidin switzerland benadryl syrup price india buy motrin in singapore ciprofloxacin lactate wikipedia propecia buy online mexico what is the generic brand for yasmin birth control viagra cialis cheaper atarax 100mg tablets famciclovir price my lady era coupons how much does actoplus met cost can you buy actavis online costco pharmacy zoloft price is zovirax an over the counter drug lok adalat act india retino-a cream 0,025 cheap uk how long does cytotec take to work for abortion where purchase himplasia what does prometrium do for fertility order voltaren online in usa sex and the city samantha mr extra large what is tricortone costco pharmacy retin-a 0,05 price where can i get cialis westhroid vs armour glucophage new zealand where doxazosin cheap digital cameras with lithium battery gonorrhea treatment in pregnancy emedicine metformin hcl shelf life florida doxazosin cheap tadacip usa mail order ginseng information on imitrex medication fast flagyl er delivery canadian alliance of british pensioners etobicoke tenormin prices cvs digoxin mist canada without a script order allegra rx doxycycline hyclate max dose levaquin for sale bioshock nitroglycerin get arthritis in feet remedies zyrtec in the uk buy rogaine 5 mexican pharmacies buy prinivil mexican pharmacies lipothin no prescription needed generic adalat 10mg online pharmacy the online drugstore epivir-hbv atorlip-10 to buy from europe where is femara manufacturer mirtazapine sleep walking comprar biaxin original dapoxetine australia can i buy propecia in canada propecia not generic viagra sales ireland comprar dapoxetine original propranolol prescription price myambutol in croatia buy mobic mexican pharmacies cefixime no prrescription tenormin tabletas de 50 mg buy tinidazole for daily use where can i buy plavix online treatment of arthritis in dogs glucophage discount can i buy gabapentin online generic levitra india viagra legal usa amoxil on line in the uk best pain pills to get high ordering viagra mexico buying ashwagandha from canada no prescription topical erythromycin pregnancy where to buy liverpool tickets cape town paxil online pharmacy aricept in canada pharmacy evecare discount where to get carafate pct proventil reviews for men estrace side effects ivf lady era over counter 100 mg metformin diarex order online no prescription order flomax online arimidex generico online what is the correct dosage of fertomid buy accutane with e check depakote side effects bipolar erexin-v without a prescription levothyroxine tablets nhs buy bupropion online usa best places to buy viagra online forum ginseng indiano acquisto zofran tablets for purchase tamsulosin otc cialis jelly prices usa buy diltiazem boots aciphex 20 mg price date plavix goes generic best place to buy furosemide in australia most common side effects of levlen buy eurax online usa does one dose of zithromax cure chlamydia ditropan by mail renagel for purchase combivent medication class best place to buy pamelor chloromycetin sale order serophene online with visa american mentax oral jelly viagra uk florida skelaxin buy ceftin discount valacyclovir 500 mg valtrex drug costo levitra in italia non persciption pariet paxil anxiety zoloft without prescriptions arimidex 100 order capoten