where to buy aviane 28 with visa online bupropionum with no prescription elavil for pain side effects what does sepibest sinequan tablets side effects zyban drug oversea buy fasigyn no prescription can you get prednisolone oristal lawsuit canada top drugstore primers lowest price zaditor feldene non perscription countries buy arava online no prescription buy colchicina online canada what is saw palmetto called in hindi desyrel over the counter usa duphalac generic equivalent legal to buy fluoxetine coupons for topamax medication buy benicar tablets usa brand baridium buy vagifem from canada without rx sepibest sublingual dosage recommended dosage for pamelor over the counter c ratioph best place to buy microzide without a prescription nfl toradol lawsuit best site to buy estrofem aristocort price india donde comprar kamagra en madrid estrofem online forum thyroid medication no prescription cabaser buy australia usa buy rogaine 5 without prescription best place to buy ciplox without a prescription vardenafil hcl 20mg medication doxi 1 online without rx can indocin cause weight gain tizanidina next day delivery albendazole discontinued elavil legal us best place to buy cytotec in india prednisona online canada generic trental buy canada my glyset coupons tricor generic usa why has yasmin been discontinued purchasing apo furosemida online uk cheap elavil no prescription phone in order for aciphex moduretic canada drug store how long does lexapro withdrawal last yahoo answers vpxl medication side effects purchase disulfiramum online no prescription where can i purchase meloxicam enolat zofran usage acheter calandre audi s5 where do i celebrex in australia order coumadin online in usa tegretol side effects rash nitroglycerin online no prescription zyvox cash price elocom cream 0.1 prednisolone dose in acute asthma purchase brand amoxil on line in australia buy grifulvin v online with out prescription liv order canadian plavix price astelin best price purchase pulmicort on line in the uk where to buy albenza online usa purchase eurax cheap what is entocort cr over the counter medicine that acts as alavert is it safe to order decadron como conseguir viagra en chile where is femara manufacturer where was aspirin first discovered pharmacy has best price protonix buy hyzaar cheap januvia for sale australia where do i buy acai berry in australia buy seroflo 15mg online best site for seroflo order leukeran on line canada buy generic brand amoxil online with prescription safe to buy generic vermox from usa cleocin gel without a prescription from us better than diakof best place to buy nizagara in mexico what is arimidex prescribed for actoplus met overnight pharmacy pil perancang yasmin 2012 buy emsam in australia avalide online pharmacy shipped to canada buy tetracycline online no prescription uk discount diprosone mg buy cozaar in india online code red 7 seconds pill does it work i want to buy kamagra chewable where to buy delta cortef ointment order viagra jelly online no prescription with a visa order dutasterid online no prescription with a mastercard ranitidine online in usa what is betneval lotion used for diclofenac side effects drowsiness prednisone pct buy betamethasone tablets dose buy zoloft online thru paypals to buy nolvadex side effects of taking too much zantac 150 antivert cod saturday delivery cheap discount allegra d canadian pharmacy ordering lozol on line do i need a prescription to buy cialis in canada where do i depakine chrono in india reviews for generic cialis how much will tadalis sx cost fluoxetine dose wellbutrin sr cost canadian trileptal no prescription needed canadian online pharmacy where do i tadapox in australia tamoxifen trusted online drug stores in canada zebeta uk no prescription disulfiramo online from india allegra without script low price medrol dosepak uk buy cheap allopurinol online dulcolax spain order levoxyl rx motrin pm prices clincin daily use reviews lisinopril generic alternative where can i buy obelit tamoxifen overseas triamterene india suppliers salbumol canada overnight delivery antara discount voucher fasigyne cheap australia pharmacy malegra dxt us companies only ventolin side effects in toddlers malegra fxt with american express arava cheap uk buspar generic uk buy valtrex online mexico non generic glucotrol xl no prescription needed.com retin a order canada suppliers of vardenafilum in us best drugstore mascara for length and volume 2012 finax online order cabaser next day delivery tretinoin 0 05 with paypal payment dulcolax prices at costco voltaren online forum order renagel no rx canadian pharmacy purchase tinidazolum in usa aldactone online without rx buy venlor 20 bactrim legal us doxycycline pills online in the india riperdal brand positioning glyset prescription only phenamax no prescription needed canadian crestor rosuvastatin over the counter medicine that acts as cozaar is there a generic for zovirax generic substitute for advair diskus buy diclofenac online without a prescription arava generico online genuine keppra best price over the counter medicine dyazide dostinex online pharmacy shipped to canada how to use korean red ginseng root overnight generic online prescription amitriptyline how to take maxalt wafer safe to buy generic floxin from uk getting viagra in singapore best place to buy lansoprazol in india silagra prices at costco citalopram compared to prozac raloxifeno for sale philippines tizanidinum over the counter australia generic pletal for sale on line cobra120 discount remeron buy fluticanose boots pharmacy is generic brand levitra available in usa buy meclizine online reviews xeloda reviews for men purchase cialis jelly in uk cleocin to buy from europe is mail order baridium safe what does vermox nitroglycerin online with out prescription online pharmacy uk caffeine ergotamine retin a online mexico finpecia cheap price buy generic cialis india rx bactroban on line in the india all types atrovent pills best place to buy janumet in usa golden root complex blue pill review brand cialis soft for sale flonase shoppers drug mart cefixime drug class buy orlistatum online reviews diclofenac gel online usa no prescription flagyl dosage what is the mechanism of action for coumadin how to buy leukeran in canada quickest cleocin buy imitrex without a script where to buy olistat drugs online order actonel from australia without prescription buy alli online without prescription what is amlodipin made of alesse noprescrition needed uk online pharmacy does code red 7 pill work snovitra super power new zealand antivert without a prescription from mexico best vytorin prices doxycycline hyclate capsules vs tablets himcocid max dose where can i buy lamisil cream in canada gasex himalaya product clotrimazole hydrocortisone generic uk paypal pulmicort how to buy lotrisone in canada sinequan results forum brand viagra on line in the canada minoxidil direct complaints online estro with no prescription is it illegal to order generic lisinopril coupons for differin gel 0.3 order celapram without rx atomoxetin on line in the mexico albuterol inhalers no prescription needed pilule alli pas cher where can i get accutane purchase venlafaxina on line in usa health canada anastrozolo sepibest buy no prescription generic diamox sales cialis super active from uk brand amoxil price tetracycline pill shortage dostinex drug in uk pharmacy how to order gabapentine online order aripiprazola no rx canadian pharmacy american janumet over the counter zedd oristal drug in germany pharmacy online pharmacy compazine buy zanaflex pills in the india canada and frusemide aleve order online plavix costco price ayurslim in the uk now is generic fluoxetina effective where can i get sarafem liquid purinethol review celadrin generic india what percent of people gain weight on seroquel what is lansoprazole 30 mg used for order oracea from australia without prescription levlen online without prescription coupons for requip medication viagra tablets uk stromectol generic uk how to take omeprazole capsules get pills without prescriptions best site to buy danazol tadalis sx where can i buy coversyl discount kamagra mastercard uk amoxil buy canada astelin discount no prescription viagra para mujeres venta en argentina how to buy dramamine in canada where to buy calan with visa motrin precio mexico order clopidogrelum online uk lipitor atorvastatin 10mg orlistato shelf life avapro pharmacy prices cleocin gel brand positioning how to order ortho cyclen proscar side effects lawsuit silagra discount no prescription purchase doxycycline canada lady era online usa buy noroxin online amazon fastest delta cortef uk delivery differin echeck ondansetron in pregnancy dosage cheap levlen pills voveran plus tablets does the pill levlen cause weight gain price of benzac ac in india colleges study pharmacy ireland order generic hydrodiuril buy minipress online uk no prescription strattera online no prescription zestoretic lawsuit settlements where can i buy clomid uk penegra pill shortage what is considered a high dose of prednisone in dogs lisinopril combination tablet himcocid without insurance no perscription trazadone 100mg buy aciclovir online in usa suhagra no script cystone medication side effects can a gp prescribe accutane australia levitra pharmacy coupons where to buy flagyl online mexico pet medication online review effexor xr with prescription caverta online pharmacy uk pfizer celebrex sales most reliable place to buy betapace online best place to buy clincin in canada generic uk paypal antara florida trial erection packs 1 how long does it take for bupropion sr to start working jia yi jian side effects ashwagandha uses medication where cafergot cheap per pill buy amoxil buy accutane uk online allegra discount no prescription where to buy calan with amex what does minocin look like is generic lexapro as effective as name brand 2. list the manufacturers of ranitidine capsules and the strengths available requip mexico companies only buy dyazide with no script how to buy viagra jelly online penis after viagra ephedraxin order in the us colospa delivery london diovan drugs online buy zofran tablets india buy trazodone online no prescription usa viagra shop in dublin alphagan over counter uk triamterene australia pharmacy use bentyl coupon online buy coumadin xr without prescription zestril from mexico taking lasix without potassium acheter retin a gel 0 1 aspirin next day shipping without a script 15mg buy generic actos how to by robaxin online order generic rogaine 2 long time side effects ginette 35 serophene 100mg side effects top 10 online prilosec sites what is the correct dosage of tofranil xalatan price canada is it illegal to order generic desyrel floxin medicine online brand amoxil pills sweat can you buy lasilix over the counter in germany buy quibron t capsules what is levitra drug generic viagra uk buy nystatin and triamcinolone acetonide cream vulva where to get mometasona pct amitriptyline over the counter purchase norvasc lowest price buy suhagra online mexico no prescription canadian drug company fucidin salvent buy online us us pharmacies online that sell pulmicort online sale of meclizine advair coupon $50 azurette daily use reviews buy online leukeran generic can i buy betnovate over the counter no script meds online orlistato over the counter canada long time side effects albenda will clonidine cause weight gain flagyl er over counter cheapest finasteride buy diprosone boots pharmacy como comprar prevacid adderall xr buy zyloprim allopurinol 300 mg order brand levitra without prescription eltroxin 25mcg india trandate discontinued aciclovir canadian pharmacy best price for real chloromycetin buy clonodine from an online pharmacy no script needed zetia coupon card aceon order online no prescription buy online ireland order kamagra toprol xl comprar legal online trial erection packs 2 predalone uk online tenormin online in uk tramadol paracetamol rxlist buy cilest online aap ki adalat wiki med cab zocor dilantin medication on line vagifem fast mexico what is fml forte tablets buy cefixime generic buy endep pills in the us salbutamol over the counter drugs top 10 online nitrofurantoin sites buy celexa perth australia order predalone no rx canadian pharmacy allie brosh reddit trial erection packs 3 purchase buy cardura pills online new diet pill alli side effects dramamine mail order india seroquel xr maximum dose levaquin comprare kgr100 where can i buy viagra online forum can you get high on phenergan tretinoin 0 05 canadian source cialis super active mexico companies only isoniazid medication side effects brand name inderal online accutane low dose 20mg buy skelaxin online with mastercard drugs similar to trental cephalexin 500mg in india beta val for sale australia acheter du cialis en suisse provera from china isoniazid brand positioning erythromycin buy canada pharmaceutical sales jobs bristol buy albendazole hong kong ceftin buy canada buy oristal online from usa benzoyl metronidazole wiki anteovin in croatia buying vagifem using paypal what is almetec used for carafate online india buying accutane using paypal buy tegretol usa lopid over the counter canada rumalaya gel reviews pharmacy buy drugs artane comprar differin portugal l thyroxine to buy albuterol uk sale mentat ds syrup price india cheap zebeta uk revia without a prescription from canada vasotec without a prescription from india purchase aloprim in mexico can buy ventolin over counter australia where can you buy clomid online januvia side effects pancreatitis order grifulvin v on line india over the counter medicine that acts as allopurinol order flovent tablets can you buy prescription valtrex without what does amitriptyline do to the body permethrinum no prescription accuran over the counter uk mexican pharmacy no prescription zenegra zoloft ingredients roxithromycin buy online us calan prix en pharmacie en france discount benzac advair uk brand name where to zanaflex where do i get viagra in australia resources for trimox buy atomoxetin in singapore best place to buy cialis online without prescription buy warafin online cheap how to order voveran sr online erection packs 1 fda approved to buy without prescription topamax dosage for bipolar disorder ordering differin uk tamsulozin where can i buy it buying proscar in manchester all natural viagra replacement online zenegra purchase reglan generic name can you buy adalat cc prescription blue pill dp fgr 100 what is salbumol mg used to treat daiichi sankyo benicar coupons citalopram 50mg tablets ordering thyroxine usa purchase prozac on line in india arthrotec 75 maximum dosage novartis voltaren gel shortage cleocin lotion reviews best place to buy rythmol sr online where do i tricor in australia buy imodium with visa order allopurinol from india without prescription best place to buy danazol protonix prescriptions aldactone tablets uses flovent pharmacy buy emsam online pharmacy simvastatin dose sizes does virgin atlantic drug test viagra 100mg street price buy cheap ranitidine aviane 28 drug in mexico pharmacy fast motrin delivery buy ephedraxin online no prescription us clozaril cheap australia pharmacy quetiapinum dosage too high non prescription paroxetine pharmacy where to buy bupron in canada safely promethazine over the counter equivalent zofran dissolvable tabs purchase tretinoin in australia l thyroxine for men sale in uk how to buy yasmin online erythromycin tablets price canada drugs motilium with prescription lopid without a prescription from canada brafix ordering online pharmacy cefadroxil uses and side effects alfa flucon fast mexico cheap abilify 5mg drug what drug category is brafix retino a cream 0,05 discount colchicine 10 mg generic feldene paypal oratane with prescription atorvastatin patent expiry date revia generic reviews cost of fucidin without insurance i want to pay some eldepryl legal buy ginette 35 online canada prevacid dosage and administration delta cortef online usa no prescription low cost pyridium when does plavix go generic in usa atacand birth control online india viagra online pharmacy pharmacists buy citalopram 5 where can i get beconase aq pills best place to buy mentax online levitra plus pills buy ortho tri cyclen uses medication cheap genuine suprax online isoniazid pharmacies where can i buy viagra otc drug market order levaquin warafin not generic prinivil where can i buy it vegetal viagra over the counter medicine oracea what does almetec accutane in usa banned stats canada unemployment rate synthroid medication pregnancy desyrel no prescription fedex ups legal buy lipitor online canada lamisil online viagra no prescriptions needed buy delta cortef online without a prescription what is kamagra buy tulasi boots liquid retin a review how to buy generic proscar order nizagara online prednisone pills buy online forum online cheap aristocort lotrisone dosage where to buy diarex with mastercard mutabon acquisto betnovate n cream side effects cheap celebrex is it illegal to order generic tinidazolum where do i buy mircette where can i puchase robaxin where to purchase delta cortef comprar hydrea original rocaltrol calcitriol 0.25 propecia without prescription buy brand viagra with e check avalide mg no prescription generic allopurinol prescription brand name buy toprol xl inhaler canada cheap uk fexofenadine allegra mg viagra soft buy usa zyloprim cheap uk how to buy warafin where to find viagra trental over the couter salbutamol to buy in the usa without a prescription where to buy abilify for cheap antipsychotic can i order arava online buy brand amoxil xr without prescription roxithromycin cheap uk cheap genuine chloromycetin online to buy clopidogrelum in uk buy venlor from india when to start taking clomid after period seroquel tablets uses femara to buy in england ivenox drug class is clonidine legal in uk warafin online usa original cymbalta online how to order brand cialis fluoxetine medication guide buy erythromycin bulk moduretic delivered to your home india drug amantadine hcl actonel in usa buy alfa flucon new zealand online buy effexor xr perth australia viagra soft online from india no rx seroflo online kamagra fast reviews does prevacid work better than zantac order metoclopramide on line mexico can you get rumalaya liniment metronidazol prices usa prevacid fast uk endep for nerve pain purchase generic emsam aldactone pill shortage salbumol online forum ambien dosage prednisone on line no script remeron price walmart can you get hoodia over the counter birth control pills emsam panax ginseng and birth control pills atorvastatin side effects memory loss how much will disulfiramum cost what drug category is aloprim metformin on canadian pharmacy website zentel generico italiano generic pills for styplon levitra side effects vision buy malegra fxt 200 ciprobay antibiotics orlistato from uk buy plendil online amazon zyloprim 100mg buy what is zithromax z pak 250 mg oder mg tablets of baridium purchase retino a cream 0 05 side effects of taking valtrex while pregnant medicine xenical capsules flucazole pills online in the australia tegretol reviews for trigeminal neuralgia do i need a prescription for microzide buy vermox mexican pharmacies motilium drug in uk pharmacy no prescription needed kamagra purchase duprost perth australia wild american ginseng tea tantra oral jelly can you get messed up on trazodone buspar canada head office medicine crestor rosuvastatin ciprofloxacina prospecto reglan cheap us pharmacy kamagra oral jelly 50mg sale where can i buy thyroxin tablets order trental lowest price diamox shopping celebrex trusted online drug stores in canada celebrex 100 mg celecoxib where can you buy cefixime med cab glucovance mail order lasix online seroquel rx what is doxycycline 100mg for buy aricept patch best non prescription pharmacy reviews elimite cream buy propecia boots pharmacy diflucan ordering online pharmacy canada pharmacies online that sell tamsulozin plavix medication on line where do i shallaki in usa lamisil tablets 250 mg side effects list of tesco stores selling epivir hbv buy depakine chrono online without prescription buy elocon with paypal buy brand viagra with visa seroquel without a perscription novartis tegretol shortage hyzaar lawsuit free alavert coupons hydrochlorothiazide order on line silagra generic canada effexor xr overdose symptoms where to buy zithromax with mastercard is it illegal to order generic meloxicam enolat brand roaccutane buy drugs similar to cialis professional healthy weight management plan hcg effexor xr side effects uk zerit brands india buy trandate 40 canadian pharmacy online duphalac aricept visado de inspeccion day of ovulation on clomid nexium buy no prescription diprolene to purchase without a prescription us pharmacies online that sell bisoprololi fumaras flovent australia companies only vermox australia online styplon spain keppra 100mg cheep buspar non perscription countries l thyroxine without prescription medication buy nexium mg online over the counter nitroglycerin ointment blopress online cheap where can you get minocycline cheap zoloft prescription ceftin prices cvs price xenical ireland free or low cost nitroglycerin abana generic canada herbal ed pills fucidin tablets 250 mg can you buy sildenafil citrate betapace mg price cialis super active express canada doxazosin phone orders levaquin complications buy toradol next day buying flunil in manchester buy claritin hong kong internet 10mg can i drink alcohol with motilium order bactroban ointment research grade hyaluronic acid maxaman price buy generic strattera with bonus cialis 2.5 mg daily use canada buy ditropan without prescription meclizine online legally rumalaya forte price in india can you inject clonidine pills lexapro from cymbalta cheap canadian tizanidinum no prescription best place buy nitrofurantoin coolock artane credit union opening hours generic cialis no prescription cheapest price amlodipine without prescription female viagra online meds where to buy erexor drugs online order obelit pills when will seroquel be available in generic form buy over the counter brand cialis online can lamisil be used in the groin area order tretinoin from usa without prescription buy baclofen have no prescription buy clomid greece shuddha guggulu brand positioning metoclopramide over counter drug what does a generic zyrtec pill look like nootropil buy online mexico what is clomid used for in men order gyne lotrimin online generic lexapro cost unisom side effects diarrhea nolvadex online pharmacies with out prescription valtrex dosage first outbreak buy unisom sleepgels softgels buy tenormin online with no prescription what class of drugs is augmentin bystolic cheap uk pharmacy buy retino a cream 0,05 mexican pharmacies brand seasonique buy frumil buy online us buy risperdal online from uk buy flagyl online no prescription us why has zyloprim been discontinued maximum aspirin dosage for dogs skin cream betnovate c over the counter drugs similar to caffeine ergotamine estradiol vaginal cream without a prescription buy dieuritics when is vytorin going generic brand amoxil without prescription medication can you drink alcohol while on chlamydia medication bonnispaz meds no prescripion liv 52 discount no prescription how to buy viagra in canada with no prescription clomid cycle length pct cefadroxil billig kaufen prometrium mg usa where can i get toradol malegra dxt no script prednisolona medicine children american azurette where is the best place to buy valtrex online generic erection packs 3 india extendaquin online in uk buy key pred xr without prescription prograf tablets for sale tulasi for men in usa over counter mevacor buy frusemide online no prescription us how to get adderall online revatio online pharmacy uk buy clomiphene citrate online buy aristocort singapore buy viagra plus online in usa rosuvastatin canada pharmacy order oratane pills phenamax no prescription canada online sale of depakote flagyl drug in canada pharmacy can you get lansoprazol canada and duphalac amaryl drug canadian pharmacy can i send medicine by mail to usa hydrochlorothiazide online in canada best price tamoxifen buy atorlip 5 with paypal cvs pharmacy la canada ca buy skelaxin in usa buy quibron t online from mexico what is a good drugstore makeup med cab trimox buy cytoxan online overnight ordering salbumol on line donde comprar propecia argentina i pill premarin website lukol buy canada side effects of mircette pill lipitor no prescription cheap price generic skelaxin pricing can you buy lopressor mg prescription predalone order by phone buy vigraus today sertralina delivery what is trazodone hcl 150 mg nitroglycerin class of drugs buy ampicilina mg online for forum order claritin online best asthma inhalers for children order generic fasigyne buy zitromax low cheap price vpxl tablets buy canadian health care mall phone number best place to buy glucophage without a prescription what is retino a cream drugs alli medication information buy stediril online overnight purchase compazine online no prescription evista buy australia diarex on line in the canada buy ponstel tablets australia suppliers of amlodipin in us viagra 5mg tablets proscar medication dose tramadol dosage high bystolic dosage information zyloprim no prescription needed how to take retino a cream mg best place buy lady era pct acai to buy in the uk without a prescription rythmol sr pills online in the india my demadex coupons can you get pregnant on bactrim procardia echeck best place to buy acticin in usa snovitra super power drug canadian pharmacy minipress shopping buy cialis toronto emsam without insurance buy orlistar tablets usa top 10 online haldol sites flagyl buy online ireland buy generic pilex online no prescription trileptal over the counter canada raciper generic mexico retino a cream 0,025 tablets side effects zyrtec on line no script pharmacy has best price atorlip 20 cialis professional suppositories buy lozol canada drug store purchase dapoxetine cheap generic priligy what is vytorin medicine oestrogel buy online us levitra plus india lasilix pills sweat purchase metformin online without prescription buy zyprexa online with no prescription where can i buy vasotec mg clomifene without script cheap name brand cialis atacand prescriptions ophthacare on line no script effexor xr 150mg generic fluoxetina reviews lowest priced eurax no prescription cialis sublingual purchase seroquel online no prescription buy mentat ds syrup perth australia lotrisone generic brand non prescription cozaar pharmacy capoten best online non prescription pharmacy xeloda spain over counter pilex best price uk pharmicist prednislone voveran results forum purchase cymbalta mg cheap colchicine online chloromycetin buy online india over counter zestoretic where to buy cheap generic lipitor flomax pill shop discount code arjuna online mexico telmisartan and amlodipine besylate tablets resources for hyzaar kartela grafike dhe kartela e zerit asacol rx furosemide delivery uk cheap elavil mg order buy ceftin prescription compare prices alli celebrex 200 mg precio mexico diarex online in uk how can i get synthroid for free canadian family physician classifieds buy etodolac canada escrowrefills.com citalopram pills 20 mg what types of baridium are there lexapro vs. generic citalopram elavil to buy in england erection packs 3 no rx us pharmacies online that sell benadryl rimadyl 20mg palatable tablets viagra on line in the mexico does cialis come in capsules ortho tri cyclen canada companies only capoten where can i buy it finpecia sale from canadian company us pills pharmacy canadian drug company feldene american terramycin what is the best liquid foundation for dry skin zebeta medication where to buy long time side effects alfa flucon isotretinoin accutane pain meds online forum deltasone fda approved to buy without prescription sale buy lasix online pharmacy cilest on line in the uk generic ed pills online generic raciper us predalone sublingual dosage moduretic order on web thyrox discount no prescription januvia price in egypt cabgolin prescription only how to order medicine from canada cipro drug in usa pharmacy over the counter medicine premarin kamagra uk mastercard seroquel generic release date prozac usa where to buy lopid ointment paxil drugstore flucazole perth australia buy cordarone from india montelukast asthma prescription silagra cheap ampicillin 40 mg asthma treatment uk cheap canadian cordarone no prescription best online pharmacy generic evecare topamax medication assistance program safe to buy generic nizoral from uk tretinoin 0,05 mg india arava online usa no prescription abilify canada pharmacy western drug xalatan zestoretic for sale uk flonase spray for post nasal drip fast ashwagandha deleviery confido to buy in the uk without a prescription hyaluronic acid now co uk adalat hindi serial sony tv medications to avoid while on coumadin prozac uk no prescription how long to take allopurinol procardia in the uk how to purchase diovan generic claritin safe overseas pharmacy no prescription zedd how to get ginseng in australia generic allegra d 24 hr where to buy lamisil in canada where was the celebrex commercial filmed buy tretinoin cream 0.025 uk reviews on yasmin 28 buy tramadol online no prescription overnight cod isordil price order atacand online no prescription with a echeck can you take aviane 28 daily flomax pas cher italie finasteride cost ireland elimite drugs prescription permethrin side effects of claritin d 12 accuran for dogs buy buy canada no prescription for baclofen can you buy permethrin cream over counter uk ordering prazosin long term effects of accutane pregnancy abilify pills sizes ordering snovitra super power canada revia without a prescription from australia danner boots promo code 2012 non prescription pharmacies amlodipinbesilat next day delivery american flomax sumycin no prescription needed brafix no prescription needed can you buy rocaltrol mcg cheap long time side effects caffeine ergotamine renagel online overnight shipping obelit fast usa allegra cole foundation clomifene canada online no prescription all types glucotrol pills cloridrato sertralina 50 mg emagrece minomycin on line in the usa naprosyn buy toprol perth australia online canada pharmacy discount gabapentine order online acai delivery sao carlos colospa from china eurax in italia buy lanoxin overseas side effects of aleve in dogs orlistato india companies only clavamox shelf life buy lukol online uk buy viagra canada legally spain viagra over the counter order arimidex 1 mg where can i buy caverta in canada levothroid drug schedule mexican pharmacy no prescription diflucan valacyclovir 500 mg dosage for cold sores buy generic haldol online with prescription zedd generic uk toradol cheapest rate generic eltroxin india viagra ireland price generic capoten india sustiva dosage too high atorlip 10 pharmacy prices list maxalt discounts codes unicure remedies pvt ltd f 25 industrial estate baroda lincocin dosage for dogs what drug category is amoxiline no script pravachol mg zestril cost in canada diabecon not generic flagyl er to buy from europe premarin mg usa avodart pills drugstore can you buy stediril bentyl pills online in the mexico order tinidazolum online buy online salbutamol generic order allopurinol generic brand levitra side effects uk etodolac with prescription astelin retail price what is hydrochlorothiazide prescribed for where to buy frumil mg asacol mexico no prescription where to purchase cordarone ortho tri cyclen online pharmacy uk if a typical aspirin tablet contains 325 mg aspirin where do i buy trimox calan medication used amoxicillin 500mg ear infection prednisona 20 mg vademecum depakine chrono cheap canada pharmacy buy lisinopril 20mg tablets buy avodart inhaler canada ginette 35 online in canada order non generic pravachol buy diltiazem ointment cialis daily use side effects treatment lopressor india suppliers buy metoclopramide without order isoptin overnight aciphex without food reviews on evista combivent buy india alli cheap mexico pharmacy best site get doxycycline sinequan cost per month sumycin canada no prescription hydrodiuril online in usa inhouse drugstore fake health canada aldactone us online pharmacy no prescription motrin betnovate from usa pharmacy buy cialis super active mg online for uk buy moduretic without prescription proventil canada online no prescription purchase wellbutrin on line in australia periactin online pharmacy uk best place to buy ceftin in mexico normal dose of lanoxin buy nitrofurantoin bulk wellbutrin australia pharmacy cheap isotretin what is the generic name for wellbutrin cheap haldol pills generic zenegra no prescription buy over the counter acticin online buy tofranil usa medrol dosepak cheap australia pharmacy alphagan sale brimonidine prescription lisinopril and hydrochlorothiazide dosage ordering motilium india donde comprar sildenafil sin receta argentina unisom without prescrip atarax 25 mg uses chesp viagra overnight delivery buy nolvadex research purposes what are some types of blood pressure medication over counter prednisolona maxalt for men in usa haldol online bestellen buy depakine chrono mg online purchase biaxin aciclovir where to buy in canada aviane 28 tablets online elocon limited india l thyroxine brand positioning famvir prices us metronidazole online in us carbozyne purchase trial erection packs 2 medication on line unisom fast mexico how long does levlen ed take to work what is the dosage for hyaluronic acid comprar fml forte portugal zocor sales 2008 can we trust carvedilolo online what drug category is probalan tacrolimus prograf generic is mail order retin a 0,05 safe premarin cream prices urispas uk brand name ordering azitromicina usa cheap tretinoin 0,025 sale uk actoplus met coupon tretinoin 0,05 without script buy zestril online australia no prescription lotensin online purchase buy amlodipinbesilat online canada rumalaya or generic himcocid online ordering minipress purchase zertalin medicine online how to buy lotrel buy aleve pills in the india where can i get viagra soft cyklokapron uk next day delivery finpecia with prescription sex pill for men and women cefixime without rx generic arimidex paypal doxycycl hyc cap 100mg acne cordarone uk next day delivery pharmacy has best price serpina where can i get some cialis soft dulcolax over counter drug generic lasilix safe hydrodiuril medication side effects comprar kamagra en sobres order klipal codeine online no prescription with a echeck rxlist cymbalta drug orlistato on line in the india buy amytriplitine tablets effexor xr canada lincocin online overnight shipping where can i buy alli weight loss pills in ireland buy suprax pills online buy generic remeron where to buy finpecia online prescription phenergan 100mg cheep zovirax pump reviews purchase medrol on line in india no prescription cialis generic viagra in malta cozaar comp spc canada and trandate paroxetine drugs for sale generic lipitor availability 2012 vitamin b12 deficiency erectile dysfunction alesse without a prescription from canada viagra plus online from india low price orlistato uk buy hytrin uk what is the generic form of toprol xl geriforte syrup order on web order aciphex online with visa viagra super active uk pharmacy buy amitriptyline tablets drugs pomegranate juice concentrate buyer innopran xl mg no prescription ampicillin compatible tpn where to buy actos online uk ordering janumet canada mircette cheapest rate key pred on line in the mexico thyrohormone buy uk cholestoplex from usa pharmacy purchase furosemide no prescription generic for levaquin 500 mg buy metformin next day where do i bactroban in australia research grade extendaquin generic pills for orlistat metrogel from canada without rx get aricept legal tretinoin 0,025 online forum ordering tadapox on line zyvox 1500 mg can order mentat canada raloxifeno fast usa amitriptyline hcl price cialis soft tab india cheap genuine aceon online abana overnight rx fedex elavil mexico pharmacy buy sildenafila tablets where do i buy trandate erexin v delivered to your home eulexin reviews for men what does vermox treat brand cialis pharmacy hyzaar usa no prescription get pariet las vegas generic retino a cream 0 05 cost legal buy doksazosin lek online canada albenda without prescrip where to buy cialis soft online mexico canadian pharmacy no prescription needed reviews buy hyzaar tablets buy retino a cream 0,025 with a mastercard prilosec canada overnight delivery amlodipin pills online in the mexico erythromycin generic drug suprax 400 mg reviews buy prevacid lowest price what is prednisone 10mg used for warafin without a prescription from mexico procardia woldwide shipping pliva 433 what is it used for purchase diprosone on line in usa viagra online bestellen erfahrungen forum antara fast uk order sominex 120 mg tadacip medication on line order roxithromycin online suprax with paypal payment the chepest aloprim venlor prescription coupon ivenox from usa buy bactroban nasal ointment uk arimidex order by phone research grade anafranil can you buy ciprofloksacin online trimox online cheap has methotrexate been discontinued desyrel costco buy gasex visa online canadian viagra how much does asacol cost in canada online pharmacy fedex overnight shipping discount v gel from canada fincar uk buy lasilix cheap canada pharmacy generico do benzac bupropionum order motilium instant bijsluiter wordpress site hacked viagra meclizine dosage buy neurontin overnight retin a medication on line buy revia depade where to get tulasi pct strattera mg mexico comprar lipothin original where can you buy aciclovir herpes half price books west allis mometasona order canada clonidine dose for sleep in children with adhd pharmacy that sells omnicef generic allopurinol 300mg zyloprim clomid ovulation cramps before ovulation orlistato prices usa albenda uk next day delivery sustiva buy canada zitromax birth control online canada buy albuterol sulfate inhaler viagra sublingual sale sildenafil online drug buying prescription drugs from india shallaki for dogs buy buy chloroquine australia lopressor medicine buy generic fluoxetine online with prescription where can i buy tindamax mg ampicillin 100 stock lioresal online canada fast delivery where to buy plavix online revatio side effects uk arzomicin canada does doxycycline hyclate 100mg treat chlamydia paxil online in canada online pharmacy viagra order generic confido maxalt pill shortage escitalopram online no prescription uk drugstore pill identifier pictures clonazepam moduretic drugs online purchases order levoxyl online canada all types cilest pills purchase arava in uk aristocort tablets 150 mg order forzest 120 mg ranitidine western australia buy brand pfizer viagra kelnor with no perscription taking pain pills while pregnant uk buy requip without prescription olmesartan medoxomil 40 mg brand cialis 10mg finasteride 5mg instead of propecia alli weight loss pills at fair price diflucan for sale no prescription buy motrin in ireland buy cymbalta india buy avalide greece authentic viagra online buy cefixime pills online can you buy advair over the counter buy revatio uk glucofage in usa over the counter fincar will 600 mg of gabapentin get you high cipro dosage for dogs order pariet pills where to get promethazine pct acquistare singulair in italia keflex canada sale gel diclofenac sod 10 mg toradol pills buy online long term effects of anxiety pills ciplox canada sale buy florinef online overnight delivery buy ortho cyclen cheap purchase tretinoin 0 05 cheap stromectol canada online no prescription where to buy yaz online canada abc online pharmacy legit buy metformin 500 mg purchase glucofage in usa where to administer haldol im ordering low dose bactroban nexium 40 mg tablets used mirapex sales 2010 indocin dose tadalis where to get lotensin hct price buy isoptin cheap elocon lotion dose minocin 100 mg price can you take mometasona daily cheapest drug singulair cheap retino a cream 0,05 free delivery propecia for .33 sinemet rxlist get shuddha guggulu toronto buy albenda usa doxycycline overnight pharmacy lamisil terbinafine cream what is it for stediril from india aricept 10 mg generic elavil antidepressant cialis sublingual mexico pharmacy can you buy lotrisone online atomoxetin buy online us baclofen withdrawal emedicine generic xenical generic zestoretic india cialis sublingual malaysia pharmacy minipress tablets from buy order janumet online no presctiption stieva a mail order pulmicort flexhaler weight gain best place to order clomid in us vagifem prices cvs order bentyl overnight erexin v medication side effects purchasing mentat ds syrup online uk buy etabus canada order indocin from escitalopram generic reviews sinequan fast canada lithium orotate in canada post cycle therapy lamictal fake viagra pill rx health ginseng products siberian ginseng 1000mg cefadroxil buy online india buy ranitidine new zealand online buy arava online usa celexa next day shipping turkish pharmacy 100 or 50 viagra where do i zebeta in mexico stopping coumadin therapy complaints against global pharmacy canada erection packs 2 drugs get order how to buy fincar comprar flomax en argentina buy generic zestril with bonus femring coupons discounts fincar tablets online fosamax supplier in uk can i order bupropionum online buy erythromycin tablets canada generic nizagara prometrium canada online no prescription cheap genuine metronidazol online rosuvastatin from india hydromorphone 2 mg street value western drug alavert sumycin phone orders does unisom make you gain weight buy canada no prescription for lotrisone zolpidem online india can i order rizact cheap generic voveran sr india pharmacies online that sell celexa azurette online canada order eurax overnight parlodel pharmacy mail order medication similar to baclofen erectile dysfunction treatment injection therapy buy lasix 50 ampicillin legal us dostinex maximum dosage non prescription anteovin pharmacy provera pharmacy coupons valaciclovir shop net cialis without a prescription from australia purchase tadacip in australia noroxin buy usa is sarafem legal in uk what is the dosage for orlistat cheap brand name kamagra chewable voltaren gel online kaufen over the counter chlamydia test kit skelaxin pill canadian midamor 5 mg cipla silagra 50 safe to buy generic microzide from usa order zestoretic online canada safe protonix no prescription flonase uk buy donde puedo comprar furosemide order generic xeloda where to get strattera can ovulation occur early on clomid desyrel font download free ampicillin side effects in infants purchase estradiol valerate on line in uk rumalaya forte cheap menosan coupons cialis online with paypal donde comprar brand advair diskus finast medication online propecia pharmacy direct cozaar mg mexico coreg dose over the counter urispas is it safe to buy cialis online cefadroxil tablets wiki buy keftab online india no prescription ic citalopram hbr 20 mg side effects generic uk paypal oracea where to buy lamictal online india best site get diflucan drugs similar to trial erection packs 1 is mail order ventolin safe buy bisoprololi fumaras canada dapoxetine for sale uk viagra discounts pills key pred no prescription needed can buy myambutol online orlistar noprescrition needed uk online pharmacy safe to buy generic lipitor from usa symptoms of chlamydia in the mouth and throat trial erection packs 3 online cheapest dapoxetine tablets uk where to buy acnetane with visa buy dostinex without prescription where to buy strattera ointment cymbalta without generic diovan 320 mg floxin tablets uses buy wellbutrin without a prescription overnight delivery anteovin maximum dosage snovitra super power pricing florinef online purchase online pharmacy imitrex cost usa zyvox online generic dutasteride no prescription emsam medication overnight delivery generic zyban smoking cessation aricept uk buy buyers of detrol canada
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 509 guests online

Atom RSS

Flood v. Kuhn PDF Print E-mail
User Rating: / 61
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?