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 406 guests online

Atom RSS

Flood v. Kuhn PDF Print E-mail
User Rating: / 11
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?
 


where could i buy valaciclovir without prescription pariet birth control online us us online pharmacy no prescription triamterene safe to buy generic ampicillin from usa how to buy ventolin in london very cheap relafen rogaine 2 prescription only where to get shuddha guggulu pct purchase voltaren lowest price buy eldepryl tablets usa levlen online ordering buy methotrexate have no prescription metrogel coupons seasonique cheap australia pharmacy where to buy fluticanose with echeck propecia online order advair online what is toprol mg used to treat pharmacy has best price minocycline where to buy isotretin online uk relafen online without rx carvedilolo canada overnight delivery compazine mg mexico where to buy cipralex drugs online orlistar coupon code caprysin buy australia thyroxine canada prescription protonix no prescription needed canadian online pharmacy shallaki from canada with no prescription glucovance mg buy buy glucofage greece ordering glucotrol india is arava available on line in canada noroxin on line in the usa fasigyn over counter gabapentine pill shortage protonix weight gain prednisona from mexico yaz canada online no prescription paroxetine pricing where purchase tamsulozin ortho tri cyclen women buy exelon uk pharmacy what is antabuse used for silagra over counter uk is elavil available over the counter amoxicilina australia pharmacy noroxin birth control online mexico buy sildenafila online no prescription us us pharmacies online that sell actos very cheap isotretin how to order fucidin online buy aldactone online where do i tizanidinum in usa norvasc pills buy online oestrogel overnight pharmacy diamox to buy in england buy vistaril pills in the us what is female cialis drugs cheap etabus sale uk purchase thyroxin in us buy proscar have no prescription uk buy fluconazol without prescription disulfiramum pricing over the counter drugs similar to alli list of tesco stores selling renagel safe to buy generic beta val from uk allegra generic usa i want to pay some detrol use altace coupon online baclofen online pay paypal order shallaki online no prescription with a echeck cymbalta generic name phenamax for dogs buy doxi 1 canada sale indian pharmacy retino a cream glucotrol xl brand positioning fluoxetine no prescription compare prices can you buy female cialis suprax without prescription pills what is tamoxifen drugs ordering arimidex usa viagra in philippines zetia online usa no prescription prometrium online ordering exelon generic uk lexapro overnight pharmacy can you buy danazol over the counter in germany discount valaciclovir of canada what is beta val tablets cost of mail disulfiramo actoplus met generic name order deltasone from canada without prescription can you get compazine buy apo clopidogrel with paypal comprar cialis paypal aldactone without script lithium prices strattera prices cvs health canada deltasone trandate generic mexico riperdal without prescription pills prandin discount voucher erection packs 3 generico italiano aripiprazola usa no prescription generic yasmin no prescription how much will accutane cost is bupropion available on line in canada buy meclizine in india online buy tegretol capsules is levitra plus available on line in canada florida oracea mail order benadryl online buying aprovel from canada no prescription orlistatum without a prescription from canada haldol side effects uk where do i acnetane in india noroxin online in us percocet side effects uk yagara india no prescription brand cialis uses medication buy generic erection packs 1 online with prescription where do i voveran sr in canada bupron birth control online canada buy nordette with no script cialis non branded generic beconase aq for sale on line oracea over the counter drugs obelit medication overnight delivery keppra from china klipal codeine dosage too high midamor uk sale order himcocid on line india very cheap trial erection packs 2 purchase acivir pills on line in usa accutane without prescription pills order cafergot without prescription how to buy ginseng online ginseng pas cher discount depakote from usa buy detrol online from usa flunil online uk buy biaxin online from usa nolvadex with no perscription cheap simvastatina no script grifulvin v mg paroxetine prices cvs tinidazolum on line in the usa clincin with prescription triamterenum on line in the canada duetact shoppers drug mart purchase valaciclovir mg moduretic to buy in the uk without a prescription acai mg tablet rythmol sr reviews comprar zydis original pill rx health cialis jelly products can order lexapro online how to buy cephalexin purchase aricept on line in australia where do i colospa in canada can i buy adalat in canada fastest valtrex uk delivery can buy nizagara online differin online mexico buy diamox online canada no prescription best site get diclofenac cheap propecia zantac drug in usa pharmacy where can i purchase disulfiramum cephalexin medicine children dilantin coupon code glucophage max dose duphalac cheap uk pharmacy over the counter fasigyn colospa no prescription endep online buy tricor online no prescription canada vistaril brands india can order innopran xl canada i want to buy viagra buying tizanidina using paypal suppliers of cialis jelly in us generic diprolene india micronase prices at costco azurette over counter uk imitrex pills buy online can order astelin online isoniazid prescription only coversyl over the counter uk cleocin gel with no subscription elavil drug in mexico pharmacy ampicilina australia price order crestor online canada cheap canadian arimidex no prescription florida prednisona buy differin bulk get cabaser las vegas safe to buy generic eurax from uk order wellbutrin online uk where to buy actoplus drugs online how much will tegretol cost mentat tablets astelin medication overnight delivery alli uk companies only voltaren maximum dosage acnetane online from uk where to buy aricept in the uk purchase zyrtec on line in usa pariet delivered to your home order cialis from india without prescription anteovin shortage over the counter drugs similar to trandate best place to buy doxazosin in australia differin without subscription order generic plavix order lozol from usa without prescription nitrofurantoin online from canada viagra sildenafil citrate purchase prednisona on line in the uk albendazole italiano generic orlistar usa best place to buy remeron in australia duetact where to buy in canada no script ceftin mg brand capoten buy lotrisone canadian online buy minipress online cheap baclofen mg usa buy avapro canada generic retino a cream canada quibron t over the counter australia purchase generic zanaflex where do i celebrex in australia canada buy nizagara without prescription cardura canada drug store provera canada sale brand name leukeran online list of tesco stores selling lipitor order doxycycline online without rx carvedilolo from usa genuine snovitra super power best price propranolol mg india maxalt medicine online generic sinequan uk to buy brand viagra in uk buy toprol capsules order zyban on line mexico can order tadalis sx canada canadian fluoxetine nootropil over counter how to buy doxycycline in canada where to buy wigraine online usa trial erection packs 2 online legally legal buy albuterol online canada moduretic on line no script buy isotretin tablets australia best price zyvox buy nordette australia elimite canada overnight delivery vardenafilum pills online in the usa where to buy levaquin online uk the chepest kamagra oral jelly antivert cheap canada pharmacy tretinoin 0,025 cost in canada to buy metrogel in uk buy duprost online in the united states without a prescription carbozyne mexico pharmacy generic yagara uk order trial erection packs 2 from india without prescription best place to buy viagra jelly online indian generics online vardenafilum legal buy serpina online canada reglan cheap uk pharmacy microzide cost in canada order cipro online no prescription with a amex revia online canada buy detrol mexican pharmacies zithromax non perscription countries vpxl usa no prescription dipyridamole in usa order provera on line mexico no script wellbutrin mg what is trial erection packs 1 used for wellbutrin generico italiano where to buy anteovin in canada safely ponstel on line in the mexico can you buy zentel over the counter in germany buy pariet pills in the canada mircette online pay paypal cheap fasigyn uk where to buy prednisona with amex all types keflex pills suppliers of triamterenum in us order otomax online no prescription with a amex nizoral buy online canada aprovel to purchase without a prescription better than vagifem over the counter medicine retin a gel 0,1 prilosec pills online in the india order dilantin from usa without prescription amoxiline online in uk where can i get some acivir pills generic erection packs 1 uk paypal florinef canadian medications without prescription order paxil uk pharmacy buy alesse in ireland diovan noprescrition needed usa online pharmacy ayurslim buy india flagyl for sale philippines drugs similar to fluticanose ciplox maximum dosage mexican pharmacy no prescription topamax buy mirapex online cheap buy prednisolone tablets uk generic shallaki usa can order dostinex canada buy geriforte mg online for sale zyban buy erexin v canada buy malegra dxt tablets canada keflex online from usa buy generic diarex online with prescription dostinex lowest price online buy cilest tablets lansoprazol to buy in the usa without a prescription where to buy glucofage online usa buy salbumol online with out prescription order curacne online no prescription with a amex nitrofurantoin medicine online is carvedilolo available over the counter history of viagra in urdu mail order mentax online where can i buy aloprim tablets order ampicillin on line uk generic florinef safe pharmacy buy drugs tenormin buy stieva a tablets usa fluticanose on line in the india purchase avalide in us buy clomid boots digoxin mexico no prescription what types of vermox are there ditropan prices usa lotrisone online from india minomycin suppositories buy zyban canadian online overnight pharmacy better than phenamax alavert medication on line maxalt canada prescription buy leukeran tablets mexico buy fasigyne hong kong cost of zestril protonix over the counter usa retin a gel 0,1 mg no prescription best place to buy fluticanose in canada cheap cafergot fasigyn cheap canada pharmacy buy isoniazid online safely trimox order online order fasigyn uk pharmacy where can i buy olanzapine very cheap danazol buy delta cortef mexican pharmacies buy flonase online from usa glucofage where to buy in canada triamterenum generic wikipedia drugs hoodia sold over counter viagra cialis trial pack duetact canadian medications without prescription lansoprazol over the counter drugs cabaser to purchase without a prescription what is zestril drugs where do i gabapentine in canada where to buy requip with mastercard order obelit online canada celebrex fast mexico clomifene cheap mexico pharmacy buy tinidazolum online thru paypals can you buy doksazosin lek in ireland isoptin without a prescription from us order lotrel no rx canadian pharmacy buy aprovel canada buy vytorin tablets mexico usa buy confido without prescription a good web page to buy plavix with no script ordering carbozyne prevacid on line in the usa is it safe to order orlistat roaccutane no prescription buy sertralina bulk buy olistat online canada lamictal delivery london india pharmacies online that sell zyvox where to buy altace online without rx tadalis sx fast india where can i buy salbutamol online without a prescription maxaman pas cher long time side effects fasigyn what is dipyridamole pills used for buy cipro mg online maxalt to buy in the canada without a prescription reviews on pariet bupron sr tablets side effects safe to buy generic delta cortef from usa best place to buy lamisilate in australia medrol dosepak dose buy plavix online in the united states without a prescription buy valtrex online no prescription usa salbumol next day delivery biaxin tablets uses generic lanoxin us buy sepibest mg online buy sinequan pills in the us carvedilolo online in us buying cialis professional in manchester is emoquette available over the counter lasix online from uk brand viagra side effects long term use where can i buy aldactone tablets can buy disulfiramo online where do i paroxetine in australia where can i get zydis pills buy online himcolin generic levoxyl medication where do i clomifene in mexico buy xenical online reviews i pill medazole website purchase lamisilate in canada safe to buy generic raciper from usa buy brafix without a subscription obelit on line in the india lopressor with paypal payment metoclopramide uk buy ordering antara canada retin a 0,05 lawsuit where can i get some calan anastrozolo medication overnight delivery order inderal online no prescription with a visa generic zetia usa pharmacy buy phenamax without prescription cialis soft without prescription pills strattera canadian online overnight pharmacy where to buy chloromycetin in canada safely motilium drug in fr pharmacy anafranil buy india non prescription atomoxetin pharmacy roxithromycin brand positioning buy unisom boots how to order stromectol buy diamox online from usa roaccutane on line in the mexico dilantin generic australia can you get prilosec generic albuterol canada herbal viagra suppliers order flunil from mexico without prescription buy prednisona online no prescription canada order retino a cream online no prescription with a visa buying levaquin levitra plus delivered to your home levitra professional online purchase order triamterenum uk pharmacy combivent brands india is tizanidina available over the counter erection packs 2 online from india dramamine without a prescription from australia oristal in usa order olanzapine pills best place to buy skelaxin in australia arzomicin prescription coupon western drug keftab cost of metronidazole retino a cream 0,025 usa cvs prices best place to buy prometrium in australia online bupron sr overnight delivery ampicilina side effects uk research grade hyzaar proscar pas cher order diprolene online no prescription with a visa best place to buy meloxicam enolat online januvia over the counter india buying viagra in canada reviews zenegra cheap uk zitromax canada online no prescription order viagra sublingual from india without prescription oratane pills online in the australia yasmin buy canada how to get arava in australia dutasterid generic mexico renagel cheap uk prevacid perth australia buy duprost mg buy meclizine online india no prescription ordering lamisilate uk viagra plus pills buy ranitidine express canada buy zertalin online with no prescription buy diprosone without a subscription generic astelin safe cost of flagyl without insurance canadian drug company arjuna lanoxin drug in fr pharmacy order indocin online seroflo uk no prescription generic uk paypal avodart pulmicort no prescription overnight delivery inderal from india canada buy vasotec without prescription cefixime discount cipralex ohne rezept can order malegra dxt online best online pharmacy generic permethrinum salvent online legally zanaflex reviews for men flagyl to buy in the uk without a prescription prandin legal us glucovance medicine children where to buy brand levitra mg best place to buy kamagra in canada propecia uses medication avalide without subscription buy brand ditropan low price mircette uk flunil no prescription fedex ups apo furosemida online from usa plavix mexico no prescription buy brand amoxil tablets canada canada percocet tablets online buy ortho tri cyclen online in the united states without a prescription what is compazine used for brand meloxicam enolat buy mexico pharmacies online that sell female viagra where to buy cipralex online usa buy doxi 1 online with no prescription best site to buy arava zenegra drug canadian pharmacy buy acivir pills online from india ampicilina in croatia over the counter drugs similar to sertralina safe to buy generic erection packs 1 from usa where to buy lasilix with mastercard buy meloxicam enolat mg online cilest to buy in the canada without a prescription fluoxetina shortage buy sominex uk estradiol valerate for men sale in uk buy viagra soft canada zebeta pas cher buy cleocin pills in the australia vpxl no prescription buy snovitra super power perth australia cheap canadian dutas no prescription prevacid drug in germany pharmacy cheap genuine proventil online hydrodiuril online ordering do you need rx zithromax over the counter medicine that acts as glucotrol order danazol from usa without prescription buy over the counter oxybutyninum online aciclovir mg india cheap doksazosin lek sale uk keppra india companies only very cheap ciprofloxacina doxi 1 without prescrip buy shuddha guggulu without prescription safe to buy generic keflex from usa to buy lopressor in uk buy bactrim with no script colchicina medicine children antabuse non perscription countries research grade phenergan prozac usa cvs prices bupropionum generic reviews long term side effects of zenegra buy eldepryl bulk cabgolin cheap canada pharmacy can you order albenda buy antivert online no prescription usa cheap cialis fast buy acivir pills pills online grifulvin v women buy lithium fast uk us pharmacies online that sell tretinoin 0,025 voltaren pills buy prinivil online without prescription hydrodiuril without script purchasing ciprofloxacina online uk cardura without rx generic medazole canada canadian drug company sildenafil citrate salbutamol online in canada what types of prevacid are there nitroglycerin shortage sertralina usa pharmacy is there a shortage of albenda betnovate tablets from buy generic zestoretic safe buy fasigyne tablets india tretinoin 0,025 pricing buy erythromycin online from uk elimite online from usa bupropionum without a prescription from us brand amoxil on line in the canada levothroid without a perscription best online pharmacy generic strattera online pharmacy uk tinidazolum lotrel side effects uk buy over the counter disulphiram online generic stromectol in usa etabus from canada with no prescription singulair refills arimidex lawsuit canada paroxetine pct buy generic trial erection packs 1 for sale on line sildenafila limited india half price flagyl er how effective is viagra buy alesse tablets usa voltaren lowest price online lotrel canada prescription oestrogel italiano allopurinol generic name claravis online pharmacy shipped to canada compazine pills buy online generic cafergot india safe fasigyne no prescription quibron t online legally cheapest dipyridamole paypal indocin order levitra mg mexico buy salbumol mg buy viagra professional tablets australia buy atomoxetin online with no prescription torsemide without a prescription from mexico cymbalta in usa no script feldene mg roaccutan with no perscription do i need a prescription for paroxetine cialis sublingual no prescription overnight delivery buy pravachol inhaler canada best online pharmacy generic meloxicam enolat suprax usa no prescription buy warafin boots best place to buy trimox online discount doxazosin from usa cheap lexapro 20mg no prescription adalat nordette usa cvs prices discount klipal codeine from usa clonidine mg tablet purchase keflex online trial erection packs 3 supplier in uk buy viagra soft tablets australia order depakine chrono without rx cheap thyroxin uk safe to buy generic propranolol from uk buy levlen pills in the mexico sildenafila online forum purchase avodart in canada india pharmacies online that sell rosuvastatin costco pharmacy moduretic price purchase lasix in us over counter ranitidine safe to buy generic decadron from canada best isotretin prices order malegra dxt on line mexico non prescription thyroxin ortho cyclen generic name amitriptyline usa pharmacy buy flunil pills in the mexico avalide costco premarin online without rx what types of plendil are there order orlistar on line mexico etabus prescription only buy isotretin online canada seasonique india maxaman doctors online buy tretinoin 0,025 online reviews pilex medication side effects grifulvin v tablets buy viagra sublingual sold over counter buy frusemide bulk where do i cytotec in uk can order minomycin online can you buy depakote online ordering diclofenac on line online toradol india order bupron without rx microzide to buy in england original moduretic online what does retin a keflex mexico companies only buy procardia mg online for non prescription toprol xl pharmacy what is azurette tablets lasilix generic mexico depakine chrono generic canada canada glucotrol tablets online micronase legal in england over the counter medicine that acts as colchicina isotretin without prescrip what is cilest made of buy ciprofloksacin boots pharmacy brand cialis online from uk buy erythromycin online with out prescription can you take lansoprazol daily aygestin with no perscription where purchase amitriptyline propecia generic reviews how to buy nizagara in canada cost of buspar buy vardenafilum have no prescription elocon drug schedule oracea mg buy comprar biaxin en argentina where can i get ciplox pills cheap levothyroid uk dilantin mg india retin a pharmacy mail order order risperdal from usa without prescription erection packs 3 for sale australia probalan where to buy in canada cialis sublingual suppositories buy indian pharmacy retino a cream 0,025 billig predalone online kaufen generic seroflo buy canada buy imitrex pills in the canada tegretol online in usa i pill lotrisone website buy ponstel tablets uk robaxin tablets uses oratane noprescrition needed canada online pharmacy how much will nolvadex cost levothyroid delivery uk buy estro online mexico no prescription ovral l drug schedule rogaine 5 from mexico acivir pills mg usa purchase seroflo in uk sumycin doctors online diclofenac no prescription fedex ups buy viagra pay with paypal mexican pharmacy no prescription erection packs 2 billig grifulvin v online kaufen best place to buy glucovance in australia how to take diovan mg evista online from uk buy sinequan cheap order elimite online without rx relafen buy uk where to buy mometasona online uk best place to buy celexa in usa is renagel a prescription drug provera daily use reviews nizagara order viagra cost at walgreens viagra professional canada prescription cost of amlodipinbesilat without insurance buy nootropil have no prescription cheap klipal codeine free delivery buy generic zenegra online with prescription uk buy prevacid without prescription omnicef to buy in the canada without a prescription order zestoretic without prescription online no prescription uk for tindamax tadapox perth australia order lopressor without prescription viagara online novo digoxin with no prescription why has tizanidinum been discontinued keflex birth control online uk buy accuran online overnight delivery is mail order delta cortef safe all types geriforte pills what is doxycycline tablets buy pilex pills online where can i buy doxi 1 mg tamsulozin canada overnight delivery cipro for dogs buy phenergan shortage buy aristocort online canada no prescription meclizine next day order female cialis online no prescription with a mastercard reviews on relafen reviews on lozol is it safe to order yasmin pill rx health vardenafilum products cozaar to buy from europe lipitor pills online in the mexico is there a shortage of prometrium bupron limited india midamor canadian medications without prescription eurax online with out prescription where to buy vardenafilum in canada safely comprar zestoretic portugal altace without subscription sominex australia price bupropion drug in germany pharmacy comprar citalopram original serophene generic wikipedia drugs capoten daily use reviews buy omnicef mg effexor xr birth control online india ciplox without prescription medication artane no prescription needed canadian online pharmacy buy metocarbamol mg online for brand levitra online legally microzide in usa best site get betnovate drugs similar to pravachol liposafe generic canada bactroban legal us where do i trial erection packs 3 in canada buy minomycin cheap toradol mg canadian rx phone in order for diovan tizanidinum prescription only tetracycline for sale uk tamoxifen next day bupropion mexico companies only liquid tizanidinum review albenza medicine online tretinoin 0,05 online pharmacies with out prescription buy prednisona online no prescription usa diclofenac gel prescription coupon buy zocor usa where to buy retin a 0,05 online mexico ovral g tablet can i make grifulvin v best place to buy methotrexate in usa lithium medication indian generics online roaccutane ventolin online pharmacy uk buy anafranil in singapore med cab thyrohormone buying emsam best place to buy risperdal in canada buy orlistatum low cheap price order trileptal online canadian pharmacy online simvastatina cheap good viagra uk billig apo clopidogrel online kaufen suppliers of tretinoin 0,05 in us buy brafix without rx retin a 0,025 refills best place to buy protonix in usa safe to buy generic zyprexa from uk warafin online pharmacy shipped to canada can you buy nootropil order depakine chrono from uk without prescription buy warafin online no prescription where do i mentax in india how to buy diovan indian pharmacy antara purchase levitra professional in usa benadryl for dogs buy quetiapinum buy online mexico buy allopurinol online with out prescription femara dosage instructions fast yasmin deleviery use otomax coupon online where purchase erexin v no script glucofage mg vytorin cheap us pharmacy how to buy erexin v buy remeron online no prescription buy tenormin low cheap price comprar diflucan original generic pills for endep is zyban legal in uk duprost online order best site for flagyl parlodel online purchase serevent fast mexico order clozaril overnight motrin drug in fr pharmacy what is kamagra oral jelly drugs where to purchase medazole ivenox next day florinef overnight pharmacy vagifem over counter sumycin no prescription coversyl pills online in the mexico terramycin australia companies only buy ampicillin online safely amoxiline tablets uses benicar to purchase without a prescription order provera online canada order endep uk pharmacy brand name dutasterid online order misoprost online no prescription with a amex online pharmacy salbutamol pariet for men in usa can you get esperal buy curacne without prescription janumet buy online canada buy klipal codeine online overnight canadian drug company carafate mevacor online without prescription where can i buy c ratioph mg buy liv 52 in india online cheap aloprim what is brand cialis asacol without a prescription from india medrol dosepak online from canada to buy antara in uk get micardis toronto where could i buy tamsulozin without prescription comprar eurax portugal oracea price india generic coreg no prescription buy zofran online no prescription us nordette pills buy online plavix buy mexico order levitra without rx is kamagra legal in uk comprar clozaril original acai india companies only viagra super active cheap uk indian aunty torsemide mg no prescription can order cilest canada vpxl maximum dosage order trial erection packs 1 tablets buy sertralina in ireland order ephedraxin on line canada ordering diovan ciprofloxacina buy online canada long time side effects pravachol fluss 40 mail order buy noroxin tablets uk buy aceon in ireland amoxycillin pills online in the uk liquid obelit review comprar orlistat original en madrid seroflo pricing where to buy clomid with echeck safe to buy generic movalis from uk buy remeron bulk minocycline drug in mexico pharmacy purchase combivent in australia generic apo furosemida us torsemide mg canada discount nizagara of canada ceftin no prescription overnight delivery buy cardura online thru paypals bisoprololi fumaras canada colchicine from canada buy flomax in india online order apo clopidogrel online no prescription with a amex coumadin lawsuit buy ginette 35 online amazon zocor where can i buy beconase aq sold over counter lotrisone drug schedule non prescription atacand purchase yaz in mexico meclizine pills buy raloxifeno no prescription demadex canada overnight delivery best place to buy carvedilolo hoodia online janumet for sale what is flovent for oder mg tablets of tadapox female viagra generic canada indocin prices buy lotrisone in singapore lopid with no subscription cheap genuine skelaxin online can order accutane canada purchase buspar on line in canada procardia delivery online pharmacy uk azurette do you need rx omnicef what is ditropan safe tadalis sx no prescription how to purchase fasigyne mometasona refills can i make elocon is it illegal to order generic pravachol order cozaar online no prescription with a echeck almetec without a prescription from mexico arzomicin from india buying lanoxin from canada no prescription kamagra daily use reviews metoclopramide pharmacy mail order lithium women buy uk pharmacies online that sell zetia i pill terramycin website what is zovirax drugs online bupron sr purchase ditropan perth australia frumil online no prescription wellbutrin sr sale triamterene pill shortage buy probalan online no prescription uk over the counter zofran use diclofenac gel coupon online how to order moduretic a good web page to buy etabus with no script zocor mexico no prescription where do i sumycin in usa trimox results forum lanoxin fast mexico exelon next day delivery buy amoxicilina online overnight delivery female viagra no prescription overnight delivery cheap-kamagra-supplier review order chloromycetin from canada without prescription cost of mail doxi 1 requip no prescription needed canadian online pharmacy buy zebeta online overnight tenormin buy online uk buy sarafem singapore oder mg tablets of beta val fluoxetina uk next day delivery online frumil with no prescription generic inderal safe ordering antabuse triamterene online from uk order generic mircette quibron t online coupon code order propranolol online without rx best place to buy brand cialis in india midamor refills can order dapoxetine online best price for real lasix where to buy ondansetrona without a prescription safe to buy generic tadapox from uk clopidogrelum to buy in the uk without a prescription buy dipyridamole cheap parlodel online pharmacies with out prescription phone in order for zoloft brafix online in us canadian carafate erection packs 3 mg buy can you only get haldol on prescription can you take accutane daily viagra prix en pharmacie en france overseas pharmacy no prescription serophene aripiprazola coupons canadian drug company exelon cleocin discount no prescription colchicina canadian online hydrodiuril delivery female cialis dose best place buy elocom pct midamor no prescription overnight delivery order femara online trandate cheapest rate stromectol india companies only probalan over the counter usa where to buy prednisolona online canada buy anafranil boots pharmacy purchase dutasterid online no prescription do i need a prescription for tizanidina buy cleocin online canada buy advair uk finpecia where can i buy it eurax doctors online order liv 52 from mexico without prescription ditropan without prescription pills amaryl to buy in the uk without a prescription purchase vytorin in usa buy brand viagra online no prescription us klipal codeine birth control online canada maxaman online from india can you get almetec viagra super active online from canada buy albuterol mg online for tegretol medication on line zedd canada pharmacy best place to buy astelin in uk a good web page to buy fasigyn with no script delta cortef tablets side effects trandate uses medication pilex pills online in the india tadacip drug class nootropil medication side effects trial erection packs 2 medication side effects buy augmentin online canada ovral l no rx modrijani ordering adalat mexico coumadin no prescription needed why has oxybutyninum been discontinued moduretic with prescription very cheap pilex buying cipro using paypal caprysin birth control online mexico non prescription cytotec pharmacy canada pharmacies online that sell provera extendaquin without a perscription esperal pills online in the uk zithromax over the counter uk ceftin no prescription needed can we trust yasmin online levothroid from uk where to buy cialis professional without a prescription digoxin doctors online use minipress coupon online buy silagra inhaler canada prozac from usa pharmacy canadian levitra trial erection packs 1 cheap india pharmacy canadian drug company quetiapinum rythmol sr birth control online uk purchase erexin v mg why has provera been discontinued clozaril over the counter usa purchase ginette 35 on line in uk order lamisilate from mexico without prescription buy cabgolin mg online purchase alfa flucon online metrogel over the counter uk buy over the counter plavix online doxazosin shelf life ordering tricor on line where to buy fluoxetine online without rx buy danazol pills in the us where can i get tegretol order metocarbamol no rx canadian pharmacy where can i buy viagra tablets yaz reviews for men best place to buy estradiol valerate online is there a shortage of seroflo viagra from china best price for real atomoxetin buy capoten online usa canada and nootropil order amlodipinbesilat online without rx buy levaquin online from mexico uk pharmacies online that sell zithromax order anastrozolo online without rx metrogel online in us citalopram without prescription medication purchase generic olanzapine baclofen best online non prescription pharmacy sale triamterenum aprovel pharmacy mail order capoten canada companies only cheap norvasc no prescription key pred online legally cytotec drug in usa pharmacy innopran xl no prescription needed buy antabuse tablets canada order malegra dxt online uk olanzapine generic wikipedia drugs buy online orlistar generic best price viagra super active buy bactrim without a subscription toprol sold over counter plendil shop net buy colchicine online no prescription usa best place to buy zyrtec best price for real aloprim costco pharmacy renova price order serpina from usa without prescription cilest non perscription countries levitra super active canada drug store buying orlistato in manchester can you order provera depakine chrono uk pharmacy buy clomid have no prescription accuran without rx acai without a prescription from australia buy salbumol pills in the canada buy capoten online cheap cheap canadian sepibest no prescription baclofen side effects uk buying tegretol using paypal where can i get amoxil xenical mail order cymbalta medication overnight delivery where to buy estro online canada ditropan to buy in the canada without a prescription levothyroxin drug class order haldol online no prescription with a mastercard buy suhagra tablets usa quibron t us companies only billig levitra plus online kaufen brand levitra shop net geriforte over counter where to buy snovitra super power with echeck anastrozolo online forum procardia fda approved to buy without prescription purchase lady era on line in usa geriforte tablets buy levlen online in uk all types diflucan pills rogaine 5 side effects uk where can i get elocon pills pravachol from canada generic baridium usa best oxybutyninum prices mail order metrogel online himcolin drug in germany pharmacy beloc ampicillin not generic lipothin pricing levitra professional generic australia canadian priligy buy female cialis online overnight delivery metrogel mg mexico buy strattera online from mexico naprosyn mg india can you buy thyroxin over the counter in germany levothroid for men sale in uk lopressor without a prescription from australia vpxl lawsuit canada disulfiramum buy online australia list of tesco stores selling propecia anteovin for sale philippines celadrin canada buy apo clopidogrel online usa generic isotretin usa buy aristocort greece cheap genuine advair online buy glucofage online with no prescription where to buy celexa online without rx cheapest remeron tablets uk buy diprolene pills in the australia order prandin without prescription where to buy shallaki with mastercard hydrodiuril medication side effects allopurinol buy no prescription viagra 150online grifulvin v where can i buy permethrinum online coupon code buy suhagra pills in the us citalopram australia pharmacy canadian pharmacy ciprofloksacin order revatio online no prescription with a amex v gel to buy in the uk without a prescription buy meclizine mg online cymbalta discount no prescription c ratioph medication cipro with prescription sildenafila shortage purchase acnetane online no prescription what is shuddha guggulu for lipitor doctors online can i order feldene online erexin v online from usa oracea buy no prescription flagyl er online from usa hydrochlorothiazide daily use reviews tamsulozin usa sale india pharmacies online that sell roaccutan oracea mexico pharmacy prednisone usa buy aygestin online amazon brand levitra supplier in uk where to buy cheap generic dutas floxin australia companies only cardura pills online in the india where to buy retin a gel 0,1 without a prescription order levothyroxin no rx canadian pharmacy bupropion with no subscription cheapest place to buy duetact best place to buy celadrin in uk mentat online australia dipyridamole reviews acticin canada drug store arimidex delivered to your home pravachol generico italiano serophene tablets price zoloft drugstore.com ivenox india sale suprax lawsuit zebeta usa where do i accutane in mexico walmart pharmacy buy doxi 1 online india no prescription is generic amoxil available in usa buy esperal inhaler canada nootropil mg order where to buy tofranil mg best place to buy gabapentine in india thyroxin buy mexico no script zyban mg amoxycillin online bestellen alfa flucon uk brand name med cab aldactone where can i get esperal from motrin india sale do i need a prescription for trial erection packs 1 silagra to buy in the uk without a prescription what does orlistatum suppliers of quibron t in us order tizanidina tablets what is actoplus for phenamax buy uk diclofenac prices usa combivent with no perscription purchase extendaquin in australia can you take erythromycin daily buy evista online reviews arjuna in croatia can buy toprol online yasmin pills online in the mexico where do i lozol in canada use hytrin coupon online skelaxin no prescription compare prices estrofem buy online india generic metronidazole us where do i clopidogrelum in india norvasc results forum plendil to buy from europe provera medication overnight delivery order erexin v uk pharmacy geriforte over the counter uk baclofen buy without purchase tretinoin on line in the uk albendazole online from usa capoten drug in germany pharmacy purchase acivir pills online order vytorin on line uk buy lamisil inhaler canada lotrel medication overnight delivery canada pharmacies online that sell renova parlodel cheap mexico pharmacy how to order advair diskus wigraine suppositories buy buy altace with no script atacand pills online in the uk can order cialis online relafen order online decadron express canada discount lamisilate from canada relafen over the counter india comprar prometrium en argentina tofranil fda approved to buy without prescription carbozyne delivery methotrexate without a prescription comprar prandin original zofran online india grifulvin v canada online no prescription western drug levitra professional roxithromycin buy online india tizanidina with prescription norvasc buy australia female viagra online from usa buy zyprexa in india online what is fluconazol tablets rogaine 2 from china norvasc prescription only erection packs 2 italiano viagra best online non prescription pharmacy caffeine ergotamine cost in canada where to buy demadex online india azithromycin uses buy alfa flucon low cheap price where to buy biaxin with echeck original proventil online generic nitroglycerin safe retino a cream 0,025 with paypal payment online no prescription uk for diclofenac gel can order fincar canada beconase aq on line in the uk order seroflo online uk is rythmol sr available over the counter suhagra mexico pharmacy quetiapinum for dogs buy elavil online coupon code buy keppra online india best site to buy toprol can you buy probalan in ireland propecia acquisto pilex over the counter diovan online from usa metoclopramide pharmacy prices list metformin mg canadian rx alesse online no prescription where do i azitromicina in india purchase baclofen in australia best price for real ciprofloksacin buy estrofem online no prescription us where can i get amantadine apo clopidogrel to buy in england aristocort without a prescription from india acivir pills us companies only lasilix generic canada trazodone to buy in the uk without a prescription diovan generic australia serophene generico italiano amoxicillin 500mg capsule amoxycillin with prescription ordering liv 52 uk generic periactin india moduretic canada overnight delivery buy amaryl online safely buy desyrel hong kong trial erection packs 2 to purchase without a prescription best yasmin prices buy cefadroxil tablets usa acai billig kaufen nolvadex perth australia vpxl uk buy synthroid for sale australia generic prinivil switzerland paxil online usa discount coversyl from usa elimite rx where to buy duphalac with amex glucophage canadian online overnight pharmacy safe place order maxalt roxithromycin from usa pharmacy online erection packs 3 overnight delivery buy quibron t pills in the india aviane 28 fast india flagyl for dogs buy provera with no perscription buy femara pills in the uk lithium online in uk estrofem generic india buy over the counter wellbutrin sr online order lozol online ordering wellbutrin sr india cost of seroquel toprol online pharmacy shipped to canada buy lozol pills online buy vistaril online from canada trial erection packs 1 on line in the usa silagra maximum dosage prednisona limited india cost of aprovel without insurance order isoniazid from usa without prescription buy viagra professional australia retin a without prescription pills safe buy promethazine online generic remeron uk detrol uses medication buy ginette 35 with no script confido reviews pillole viagra eltroxin drugstore.com zantac sold over counter levitra professional generic uk renova online without rx what is prozac drugs ranitidine uk no prescription viagra jelly tablets from buy med cab atorlip 10 lamisil discount buy confido xr without prescription cheap carafate remeron canada sale western drug lotensin zocor mg canadian rx best place to buy decadron in india dilantin drug in canada pharmacy tegretol on line in the mexico estradiol valerate no prescription buy yasmin bulk us online pharmacy no prescription viagra soft cheap carafate uk metformin pills online in the india where to buy novo digoxin with visa order female viagra online no prescription with a amex viagra sublingual where can i buy genuine bystolic best price duprost medicine online online no prescription uk for arjuna buy eldepryl pills in the india aricept phone orders valtrex canada online no prescription ordering elocon india over the counter medicine that acts as plavix terramycin over the counter drugs buy tretinoin 0,05 mg online eurax uk sale fluconazol delivered to your home best price anteovin buy rogaine 5 online reviews exelon uk sale health canada demadex original anafranil online buy sumycin online reviews i want to pay some rosuvastatin yasmin from mexico buy neurontin capsules purchase astelin on line in australia obelit buy online us dostinex online forum ordering ranitidine usa midamor pills online in the mexico order cialis sublingual without rx cialis generico en chile liquid singulair review lozol cheap us pharmacy where to buy lasix with mastercard erection packs 3 generic canada best online pharmacy generic probalan to buy wellbutrin sr in uk a good web page to buy kelnor with no script buy over the counter arava online promethazine canada safe buy moduretic online accuran mg buy better than sildenafila western drug thyroxine where to buy prinivil in canada safely tadalis canada overnight delivery compazine without script kamagra on line in the india pravachol from china dostinex prescription coupon brand amoxil fast mexico lipitor buy canada kamagra oral jelly sold over counter how to take acivir pills mg where to buy diprolene online without rx advair diskus buy canada metoclopramide uk next day delivery motrin prix en pharmacie en france retin a 0,025 buy online ireland order key pred on line canada zanaflex to purchase without a prescription clomifene buy online us buy roxithromycin online with out prescription ordering zantac on line mexico pharmacies online that sell risperdal order maxaman online without rx tretinoin 0,05 drug in germany pharmacy cheapest aldactone tablets uk chloromycetin buy online uk female cialis pharmacy mail order ordering levoxyl usa cheap bactroban free delivery where do i tegretol in mexico salbutamol usa ivenox mg buy non prescription clonidine buy wellbutrin sr mg is it safe to order novo digoxin buying pariet in manchester pill rx health order midamor products acticin reviews for men levothyroxin to purchase without a prescription ayurslim uk brand name where do i actoplus met in mexico maxaman fast canada is there a shortage of metronidazole buy kamagra canada generic emsam safe evista uk buy buy zanaflex online mexico no prescription ephedraxin generic 2013 drugs original v gel online requip weight gain pill rx health order serpina products fluconazol with no rx best site to buy albuterol do you need rx zedd purchase noroxin pills chloromycetin canadian online keftab buy mexico albenza without a prescription from uk neurontin without subscription can you buy fasigyn online xenical prices hydrodiuril pills buy online buy coreg tablets uk where to buy sertralina with mastercard list of tesco stores selling orlistar is generic atarax effective aprovel fda approved to buy without prescription canada pharmacies online that sell doxi 1 provera canada pharmacy cheap eltroxin liquid acnetane review antabuse generic name minipress pills online in the usa order acai tablets buy olanzapine online amazon imitrex legal us hydrodiuril pills online in the usa cialis quick delivery best online pharmacy generic lipothin order aripiprazola online no prescription with a echeck vagifem cheap uk pharmacy best place to buy novo digoxin in usa what types of gabapentine are there i pill flovent website accuran drug in fr pharmacy astelin canada order midamor pills metrogel uk online vagifem on line in the mexico order ranitidine without prescription cheap diflucan pills hyzaar drug canadian pharmacy buy dramamine pills in the australia can you buy liposafe what drug category is doxi 1 purchase cilest pills atacand online order purchase torsemide in us etabus discount no prescription emsam generic 2013 drugs where can i get retino a cream 0,05 from where can i buy actonel tablets rythmol sr drug in germany pharmacy shallaki phone orders lady era online canadian buy over the counter reglan online cefadroxil cheap india pharmacy celadrin usa cvs prices zydis online coupon code buy paxil usa can you take zertalin daily where to purchase renagel safe buy plavix online generic ponstel usa geriforte canadian medications without prescription what drug category is voltaren hydrodiuril to buy in england buy tinidazolum online no prescription us oratane canada prescription generic citalopram us is it safe to order proventil usa buy mevacor without prescription alfa flucon prices legal buy flunil online canada cleocin pills online in the australia pilex where to buy in canada glucophage noprescrition needed usa online pharmacy allegra generic india reviews on maxaman colchicina next day delivery eltroxin with paypal payment apo furosemida over the counter best price for real actos purchase tadalis sx in usa buy triamterenum online canada no prescription simvastatina online no prescription relafen prescription coupon trazodone without rx comprar apo furosemida original en madrid wellbutrin drugstore.com what is flomax mg used to treat v gel pills buy celapram online in us do you need rx acnetane clozaril pct buy what is isotretin pills used for simvastatina on line no script himcocid mg order