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 661 guests online

Atom RSS

Flood v. Kuhn PDF Print E-mail
User Rating: / 66
PoorBest 
Selection of Docs
Written by Court Ruling   
Sunday, 18 June 1972 12:00

407 U.S. 258

FLOOD v. KUHN ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

No. 71-32.

Argued March 20, 1972
Decided June 19, 1972

Petitioner, a professional baseball player "traded" to another club without his previous knowledge or consent, brought this antitrust suit after being refused the right to make his own contract with another major league team, which is not permitted under the reserve system. The District Court rendered judgment in favor of respondents, and the Court of Appeals affirmed. Held: The longstanding exemption of professional baseball from the antitrust laws, Federal Baseball Club v. National League, 259 U.S. 200 (1922); Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953), is an established aberration, in the light of the Court's holding that other interstate professional sports are not similarly exempt, but one in which Congress has acquiesced, and that is entitled to the benefit of stare decisis. Removal of the resultant inconsistency at this late date is a matter for legislative, not judicial, resolution. Pp. 269-285.

It is a century and a quarter since the New York Nine defeated the Knickerbockers 23 to 1 on Hoboken's [407 U.S. 258, 261] Elysian Fields June 19, 1846, with Alexander Jay Cartwright as the instigator and the umpire. The teams were amateur, but the contest marked a significant date in baseball's beginnings. That early game led ultimately to the development of professional baseball and its tightly organized structure.

And one recalls the appropriate reference to the "World Serious," attributed to Ring Lardner, Sr.; Ernest L. Thayer's "Casey at the Bat"; 4 the ring of "Tinker to [407 U.S. 258, 264] Evers to Chance"; 5 and all the other happenings, habits, and superstitions about and around baseball that made it the "national pastime" or, depending upon the point of view, "the great American tragedy." 6

The petitioner, Curtis Charles Flood, born in 1938, began his major league career in 1956 when he signed a contract with the Cincinnati Reds for a salary of $4,000 for the season. He had no attorney or agent to advise him on that occasion. He was traded to the St. Louis Cardinals before the 1958 season. Flood rose to fame as a center fielder with the Cardinals during the years 1958-1969. In those 12 seasons he compiled a batting average of .293. His best offensive season was 1967 when he achieved .335. He was .301 or better in six of the 12 St. Louis years. He participated in the 1964, 1967, and 1968 World Series. He played error less ball in the field in 1966, and once enjoyed 223 consecutive errorless games. Flood has received seven Golden Glove Awards. He was co-captain of his team from 1965-1969. He ranks among the 10 major league outfielders possessing the highest lifetime fielding averages. [407 U.S. 258, 265]

Flood declined to play for Philadelphia in 1970, despite a $100,000 salary offer, and he sat out the year. After the season was concluded, Philadelphia sold its rights to Flood to the Washington Senators. Washington and the petitioner were able to come to terms for 1971 at a salary of $110,000. 8 Flood started the season but, apparently because he was dissatisfied with his performance, he left the Washington club on April 27, early in the campaign. He has not played baseball since then.

On appeal, the Second Circuit felt "compelled to affirm." 443 F.2d 264, 265 (1971). It regarded the issue of state law as one of first impression, but concluded that the Commerce Clause precluded its application. Judge Moore added a concurring opinion in which he predicted, with respect to the suggested overruling of Federal Baseball and Toolson, that "there is no likelihood that such an event will occur." 9 443 F.2d, at 268, 272. [407 U.S. 258, 269]

A. Federal Baseball Club v. National League, 259 U.S. 200 (1922), was a suit for treble damages instituted by a member of the Federal League (Baltimore) against the National and American Leagues and others. The plaintiff obtained a verdict in the trial court, but the Court of Appeals reversed. The main brief filed by the plaintiff with this Court discloses that it was strenuously argued, among other things, that the business in which the defendants were engaged was interstate commerce; that the interstate relationship among the several clubs, located as they were in different States, was predominant; that organized baseball represented an investment of colossal wealth; that it was an engagement in moneymaking; that gate receipts were divided by agreement between the home club and the visiting club; and that the business of baseball was to be distinguished from the mere playing of the game as a sport for physical exercise and diversion. See also 259 U.S., at 201 -206.

"The business is giving exhibitions of base ball, which are purely state affairs. . . . But the fact that in order to give the exhibitions the Leagues must induce free persons to cross state lines and [407 U.S. 258, 270] must arrange and pay for their doing so is not enough to change the character of the business. . . . [T]he transport is a mere incident, not the essential thing. That to which it is incident, the exhibition, although made for money would not be called trade or commerce in the commonly accepted use of those words. As it is put by the defendants, personal effort, not related to production, is not a subject of commerce. That which in its consummation is not commerce does not become commerce among the States because the transportation that we have mentioned takes place. To repeat the illustrations given by the Court below, a firm of lawyers sending out a member to argue a case, or the Chautauqua lecture bureau sending out lecturers, does not engage in such commerce because the lawyer or lecturer goes to another State.

"If we are right the plaintiff's business is to be described in the same way and the restrictions by contract that prevented the plaintiff from getting players to break their bargains and the other conduct charged against the defendants were not an interference with commerce among the States." 259 U.S., at 208 -209. 10 [407 U.S. 258, 271]

B. Federal Baseball was cited a year later, and without disfavor, in another opinion by Mr. Justice Holmes for a unanimous Court. The complaint charged antitrust violations with respect to vaudeville bookings. It was held, however, that the claim was not frivolous and that the bill should not have been dismissed. Hart v. B. F. Keith Vaudeville Exchange, 262 U.S. 271 (1923). 11

In the years that followed, baseball continued to be subject to intermittent antitrust attack. The courts, however, rejected these challenges on the authority of Federal Baseball. In some cases stress was laid, although unsuccessfully, on new factors such as the development of radio and television with their substantial additional revenues to baseball. 12 For the most part, however, the Holmes opinion was generally and necessarily accepted as controlling authority. 13 And in the 1952 Report of the Subcommittee on Study of Monopoly Power of the House Committee on the Judiciary, H. R. Rep. No. 2002, 82d Cong., 2d Sess., 229, it was said, in conclusion:

"On the other hand the overwhelming preponderance of the evidence established baseball's need for some sort of reserve clause. Baseball's history shows that chaotic conditions prevailed when there was no reserve clause. Experience points to no feasible substitute to protect the integrity of the game or to guarantee a comparatively even competitive [407 U.S. 258, 273] struggle. The evidence adduced at the hearings would clearly not justify the enactment of legislation flatly condemning the reserve clause."

C. The Court granted certiorari, 345 U.S. 963 (1953), in the Toolson, Kowalski, and Corbett cases, cited in nn. 12 and 13, supra, and, by a short per curiam (Warren, C. J., and Black, Frankfurter, DOUGLAS, Jackson, Clark, and Minton, JJ.), affirmed the judgments of the respective courts of appeals in those three cases. Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953). Federal Baseball was cited as holding "that the business of providing public baseball games for profit between clubs of professional baseball players was not within the scope of the federal antitrust laws," 346 U.S., at 357 , and:

". . . If the Toolson holding is to be expanded - or contracted - the appropriate remedy lies with Congress." 348 U.S., at 228 -230.

E. United States v. International Boxing Club, 348 U.S. 236 (1955), was a companion to Shubert and was decided the same day. This was a civil antitrust action against defendants engaged in the business of promoting professional championship boxing contests. Here again the District Court had dismissed the complaint in reliance upon Federal Baseball and Toolson. The Chief Justice observed that "if it were not for Federal Baseball and Toolson, we think that it would be too clear for dispute that the Government's allegations bring the defendants within the scope of the Act." 348 U.S., at 240 -241. He pointed out that the defendants relied on the two baseball cases but also would have been content with a more restrictive interpretation of them than the Shubert defendants, for the boxing defendants argued that the cases immunized only businesses that involve exhibitions of an athletic nature. The Court accepted neither argument. It again noted, 348 U.S., at 242 , that "Toolson neither overruled Federal Baseball nor necessarily reaffirmed all that was said in Federal Baseball." It stated:

"The controlling consideration in Federal Baseball and Hart was, instead, a very practical one - the degree of interstate activity involved in the particular business under review. It follows that stare decisis cannot help the defendants here; for, contrary to their argument, Federal Baseball did not hold that all businesses based on professional sports were outside the scope of the antitrust laws. The issue confronting us is, therefore, not whether a previously granted exemption should continue, [407 U.S. 258, 277] but whether an exemption should be granted in the first instance. And that issue is for Congress to resolve, not this Court." 348 U.S., at 243 .

The Court noted the presence then in Congress of various bills forbidding the application of the antitrust laws to "organized professional sports enterprises"; the holding of extensive hearings on some of these; subcommittee opposition; a postponement recommendation as to baseball; and the fact that "Congress thus left intact the then-existing coverage of the antitrust laws." 348 U.S., at 243 -244.

Mr. Justice Frankfurter, joined by Mr. Justice Minton, dissented. "It would baffle the subtlest ingenuity," he said, "to find a single differentiating factor between other sporting exhibitions . . . and baseball insofar as the conduct of the sport is relevant to the criteria or considerations by which the Sherman Law becomes applicable to a `trade or commerce.'" 348 U.S., at 248 . He went on:

This Court reversed with an opinion by Mr. Justice Clark. He said that the Court made its ruling in Toolson "because it was concluded that more harm would be done in overruling Federal Baseball than in upholding a ruling which at best was of dubious validity." 352 U.S., at 450 . He noted that Congress had not acted. He then said:

"All this, combined with the flood of litigation that would follow its repudiation, the harassment that would ensue, and the retroactive effect of such a decision, led the Court to the practical result that [407 U.S. 258, 279] it should sustain the unequivocal line of authority reaching over many years.

Mr. Justice Frankfurter dissented essentially for the reasons stated in his dissent in International Boxing, [407 U.S. 258, 280] 352 U.S., at 455 . Mr. Justice Harlan, joined by MR. JUSTICE BRENNAN, also dissented because he, too, was "unable to distinguish football from baseball." 352 U.S., at 456 . Here again the dissenting Justices did not call for the overruling of the baseball decisions. They merely could not distinguish the two sports and, out of respect for stare decisis, voted to affirm.

G. Finally, in Haywood v. National Basketball Assn., 401 U.S. 1204 (1971), MR. JUSTICE DOUGLAS, in his capacity as Circuit Justice, reinstated a District Court's injunction pendente lite in favor of a professional basketball player and said, "Basketball . . . does not enjoy exemption from the antitrust laws." 401 U.S., at 1205 . 15

I. Legislative proposals have been numerous and persistent. Since Toolson more than 50 bills have been introduced in Congress relative to the applicability or nonapplicability of the antitrust laws to baseball. 17 A few of these passed one house or the other. Those that did would have expanded, not restricted, the reserve system's exemption to other professional league sports. And the Act of Sept. 30, 1961, Pub. L. 87-331, 75 Stat. 732, and the merger addition thereto effected by the Act of Nov. 8, 1966. Pub. L. 89-800, 6 (b), [407 U.S. 258, 282] 80 Stat. 1515, 15 U.S.C. 1291-1295, were also expansive rather than restrictive as to antitrust exemption. 18

4. Other professional sports operating interstate - football, [407 U.S. 258, 283] boxing, basketball, and, presumably, hockey 19 and golf 20 - are not so exempt.

This emphasis and this concern are still with us. We continue to be loath, 50 years after Federal Baseball and almost two decades after Toolson, to overturn those cases judicially when Congress, by its positive inaction, [407 U.S. 258, 284] has allowed those decisions to stand for so long and, far beyond mere inference and implication, has clearly evinced a desire not to disapprove them legislatively.

The conclusion we have reached makes it unnecessary for us to consider the respondents' additional argument that the reserve system is a mandatory subject of collective bargaining and that federal labor policy therefore exempts the reserve system from the operation of federal antitrust laws. 22

"Without re-examination of the underlying issues, the [judgment] below [is] affirmed on the authority of Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs, supra, so far as that decision determines that Congress had no intention of including the business of baseball within the scope of the federal antitrust laws." 346 U.S., at 357 .

[ Footnote 2 ] See generally The Baseball Encyclopedia (1969); L. Ritter, The Glory of Their Times (1966); 1 & 2 H. Seymour, Baseball (1960, 1971); 1 & 2 D. Voigt, American Baseball (1966, 1970).

[ Footnote 3 ] These are names only from earlier years. By mentioning some, one risks unintended omission of others equally celebrated.

[ Footnote 4 ] Millions have known and enjoyed baseball. One writer knowledgeable in the field of sports almost assumed that everyone did until, one day, he discovered otherwise:

[ Footnote 7 ] Concededly supported by the Major League Baseball Players Association, the players' collective-bargaining representative. Tr. of Oral Arg. 12.

[ Footnote 8 ] The parties agreed that Flood's participating in baseball in 1971 would be without prejudice to his case.

[ Footnote 9 ] "And properly so. Baseball's welfare and future should not be for politically insulated interpreters of technical antitrust statutes but rather should be for the voters through their elected representatives. If baseball is to be damaged by statutory regulation, let the congressman face his constituents the next November and also face the consequences of his baseball voting record." 443 F.2d, at 272.

Cf. Judge Friendly's comments in Salerno v. American League, 429 F.2d 1003, 1005 (CA2 1970), cert. denied, sub nom. Salerno v. Kuhn, 400 U.S. 1001 (1971):

"We freely acknowledge our belief that Federal Baseball was not one of Mr. Justice Holmes' happiest days, that the rationale of Toolson is extremely dubious and that, to use the Supreme Court's [407 U.S. 258, 269] own adjectives, the distinction between baseball and other professional sports is `unrealistic,' `inconsistent' and `illogical.'. . . While we should not fall out of our chairs with surprise at the news that Federal Baseball and Toolson had been overruled, we are not at all certain the Court is ready to give them a happy despatch."

[ Footnote 10 ] "What really saved baseball, legally at least, for the next half century was the protective canopy spread over it by the United States Supreme Court's decision in the Baltimore Federal League anti-trust suit against Organized Baseball in 1922. In it Justice Holmes, speaking for a unanimous court, ruled that the business of giving baseball exhibitions for profit was not `trade or commerce in the commonly-accepted use of those words' because `personal effort, not related to production, is not a subject of commerce'; nor was it interstate, because the movement of ball clubs across state lines was merely `incidental' to the business. It should be noted that, contrary to what many believe, Holmes did call baseball a business; time and again those who have not troubled to read the text of the decision have claimed incorrectly that the court said baseball was a sport and not a business." 2 H. Seymour, Baseball 420 (1971).

[ Footnote 11 ] On remand of the Hart case the trial court dismissed the complaint at the close of the evidence. The Second Circuit affirmed on the ground that the plaintiff's evidence failed to establish that the interstate transportation was more than incidental. 12 F.2d 341 (1926). This Court denied certiorari, 273 U.S. 703 (1926).

[ Footnote 12 ] Toolson v. New York Yankees, Inc., 101 F. Supp. 93 (SD Cal. 1951), aff'd, 200 F.2d 198 (CA9 1952); Kowalski v. Chandler, 202 F.2d 413 (CA6 1953). See Salerno v. American League, 429 F.2d 1003 (CA2 1970), cert, denied, sub nom. Salerno v. Kuhn, 400 U.S. 1001 (1971). But cf. Gardella v. Chandler, 172 F.2d 402 (CA2 1949) (this case, we are advised, was subsequently settled); Martin v. National League Baseball Club, 174 F.2d 917 (CA2 1949).

[ Footnote 13 ] Corbett v. Chandler, 202 F.2d 428 (Ca6 1953); Portland Baseball Club, Inc. v. Baltimore Baseball Club, Inc., 282 F.2d 680 (CA9 1960); Niemiec v. Seattle Rainier Baseball Club, Inc., 67 F. Supp. 705 (WD Wash. 1946). See State v. Milwaukee Braves, Inc., 31 Wis. 2d 699, 144 N. W. 2d 1, cert. denied, 385 U.S. 990 (1966).

[ Footnote 14 ] The case's final chapter is International Boxing Club v. United States, 358 U.S. 242 (1959).

[ Footnote 15 ] See also Denver Rockets v. All-Pro Management, Inc., 325 F. Supp. 1049, 1060 (CD Cal. 1971); Washington Professional Basketball Corp. v. National Basketball Assn., 147 F. Supp. 154 (SDNY 1956).

[ Footnote 16 ] Neville, Baseball and the Antitrust Laws, 16 Fordham L. Rev. 208 (1947); Eckler, Baseball - Sport or Commerce?, 17 U. Chi. L. Rev. 56 (1949); Comment, Monopsony in Manpower: Organized Baseball Meets the Antitrust Laws, 62 Yale L. J. 576 (1953); P. Gregory, The Baseball Player, An Economic Study, c. 19 (1956); Note, The Super Bowl and the Sherman Act: Professional Team Sports and the Antitrust Laws, 81 Harv. L. Rev. 418 (1967); The Supreme Court, 1953 Term, 68 Harv. L. Rev. 105, 136-138 (1954); The Supreme Court, 1956 Term, 71 Harv. L. Rev. 94, 170-173 (1957); Note, 32 Va. L. Rev. 1164 (1946); Note, 24 Notre Dame Law. 372 (1949); Note, 53 Col. L. Rev. 242 (1953); Note, 22 U. Kan. City L. Rev. 173 (1954); Note, 25 Miss. L. J. 270 (1954); Note, 29 N. Y. U. L. Rev. 213 (1954); Note, 105 U. Pa. L. Rev. 110 (1956); Note, 32 Texas L. Rev. 890 (1954); Note, 35 B. U. L. Rev. 447 (1955); Note, 57 Col. L. Rev. 725 (1957); Note, 23 Geo. Wash. L. Rev. 606 (1955); Note, 1 How. L. J. 281 (1955); Note, 26 Miss. L. J. 271 (1955); Note, 9 Sw. L. J. 369 (1955); Note, 29 Temple L. Q. 103 (1955); Note, 29 Tul. L. Rev. 793 (1955); Note, 62 Dick. [407 U.S. 258, 281] L. Rev. 96 (1957); Note, 11 Sw. L. J. 516 (1957); Note, 36 N.C. L. Rev. 315 (1958); Note, 35 Fordham L. Rev. 350 (1966); Note, 8 B. C. Ind. & Com. L. Rev. 341 (1967); Note, 13 Wayne L. Rev. 417 (1967); Note, 2 Rutgers-Camden L. J. 302 (1970); Note, 8 San Diego L. Rev. 92 (1970); Note, 12 B. C. Ind. & Com. L. Rev. 737 (1971); Note, 12 Wm. & Mary L. Rev. 859 (1971).

[ Footnote 17 ] Hearings on H. R. 5307 et al. before the Antitrust Subcommittee of the House Committee on the Judiciary, 85th Cong., 1st Sess. (1957); Hearings on H. R. 10378 and S. 4070 before the Subcommittee on Antitrust and Monopoly of the Senate Committee on the Judiciary, 85th Cong., 2d Sess. (1958); Hearings on H. R. 2370 et al. before the Antitrust Subcommittee of the House Committee on the Judiciary, 86th Cong., 1st Sess. (1959) (not printed); Hearings on S. 616 and S. 886 before the Subcommittee on Antitrust and Monopoly of the Senate Committee on the Judiciary, 86th Cong., 1st Sess. (1959); Hearings on S. 3483 before the Subcommittee on Antitrust and Monopoly of the Senate Committee on the Judiciary, 86th Cong., 2d Sess. (1960); Hearings on S. 2391 before the Subcommittee on Antitrust and Monopoly of the Senate Committee on the Judiciary, 88th Cong., 2d Sess. (1964); S. Rep. No. 1303, 88th Cong., 2d Sess. (1964); Hearings on S. 950 before the Subcommittee on Antitrust and Monopoly of the Senate Committee on the Judiciary, 89th Cong., 1st Sess. (1965); S. Rep. No. 462, 89th Cong., 1st Sess. (1965). Bills introduced in the 92d Cong., 1st Sess., and bearing on the subject are S. 2599, S. 2616, H. R. 2305, H. R. 11033, and H. R. 10825.

[ Footnote 18 ] Title 15 U.S.C. 1294 reads:

[ Footnote 20 ] Deesen v. Professional Golfers' Assn., 358 F.2d 165 (CA9), cert. denied, 385 U.S. 846 (1966).

[ Footnote 21 ] See Brief for Respondent in Federal Baseball, No. 204, O. T. 1921, p. 67, and in Toolson, No. 18, O. T. 1953, p. 30. See also State v. Milwaukee Braves, Inc., 31 Wis. 2d 699, 144 N. W. 2d 1, cert. denied, 385 U.S. 990 (1966).

[ Footnote 22 ] See Jacobs & Winter, Antitrust Principles and Collective Bargaining by Athletes: Of Superstars in Peonage, 81 Yale L. J. 1 (1971), suggesting present-day irrelevancy of the antitrust issue.

In 1922 the Court had a narrow, parochial view of commerce. With the demise of the old landmarks of that era, particularly United States v. Knight Co., 156 U.S. 1 , Hammer v. Dagenhart, 247 U.S. 251 , and Paul v. Virginia, 8 Wall. 168, the whole concept of commerce has changed.

Under the modern decisions such as Mandeville Island Farms v. American Crystal Sugar Co., 334 U.S. 219 ; United States v. Darby, 312 U.S. 100 ; Wickard v. Filburn, 317 U.S. 111 ; United States v. South-Eastern Underwriters Assn., 322 U.S. 533 , the power of Congress was recognized as broad enough to reach all phases of the vast operations of our national industrial system. [407 U.S. 258, 287] An industry so dependent on radio and television as is baseball and gleaning vast interstate revenues (see H. R. Rep. No. 2002, 82d Cong., 2d Sess., 4, 5 (1952)) would be hard put today to say with the Court in the Federal Baseball Club case that baseball was only a local exhibition, not trade or commerce.

If congressional inaction is our guide, we should rely upon the fact that Congress has refused to enact bills broadly exempting professional sports from antitrust regulation. 3 H. R. Rep. No. 2002, 82d Cong., 2d Sess. [407 U.S. 258, 288] (1952). The only statutory exemption granted by Congress to professional sports concerns broadcasting rights. 15 U.S.C. 1291-1295. I would not ascribe a broader exemption through inaction than Congress has seen fit to grant explicitly.

There can be no doubt "that were we considering the question of baseball for the first time upon a clean slate" 4 we would hold it to be subject to federal antitrust regulation. Radovich v. National Football League, 352 U.S. 445, 452 . The unbroken silence of Congress should not prevent us from correcting our own mistakes.

[ Footnote 1 ] While I joined the Court's opinion in Toolson v. New York Yankees, Inc., 346 U.S. 356 , I have lived to regret it; and I would now correct what I believe to be its fundamental error.

[ Footnote 2 ] Had this same group boycott occurred in another industry, Klor's, Inc. v. Broadway-Hale Stores, Inc., 359 U.S. 207 ; United States v. Shubert, 348 U.S. 222 ; or even in another sport, Haywood v. National Basketball Assn., 401 U.S. 1204 (DOUGLAS, J., in chambers); Radovich v. National Football League, 352 U.S. 445 ; United States v. International Boxing Club, 348 U.S. 236 ; we would have no difficulty in sustaining petitioner's claim.

[ Footnote 3 ] The Court's reliance upon congressional inaction disregards the wisdom of Helvering v. Hallock, 309 U.S. 106, 119 -121, where we said:

"Nor does want of specific Congressional repudiations . . . serve as an implied instruction by Congress to us not to reconsider, in the light of new experience . . . those decisions . . . . It would require very persuasive circumstances enveloping Congressional silence to [407 U.S. 258, 288] debar this Court from re-examining its own doctrines. . . . Various considerations of parliamentary tactics and strategy might be suggested as reasons for the inaction of . . . Congress, but they would only be sufficient to indicate that we walk on quicksand when we try to find in the absence of corrective legislation a controlling legal principle."

And see United States v. South-Eastern Underwriters Assn., 322 U.S. 533, 556 -561.

[ Footnote 4 ] This case gives us for the first time a full record showing the reserve clause in actual operation.

To non-athletes it might appear that petitioner was virtually enslaved by the owners of major league baseball clubs who bartered among themselves for his services. But, athletes know that it was not servitude that bound petitioner to the club owners; it was the reserve system. The essence of that system is that a player is bound to the club with which he first signs a contract for the rest of his playing days. 2 He cannot escape from the club except by retiring, and he cannot prevent the club from assigning his contract to any other club.

Petitioner brought this action in the United States District Court for the Southern District of New York. He alleged, among other things, that the reserve system was an unreasonable restraint of trade in violation of [407 U.S. 258, 290] federal antitrust laws. 3 The District Court thought itself bound by prior decisions of this Court and found for the respondents after a full trial. 309 F. Supp. 793 (1970). The United States Court of Appeals for the Second Circuit affirmed. 443 F.2d 264 (1971). We granted certiorari on October 19, 1971, 404 U.S. 880 , in order to take a further look at the precedents relied upon by the lower courts.

This is a difficult case because we are torn between the principle of stare decisis and the knowledge that the decisions in Federal Baseball Club v. National League, 259 U.S. 200 (1922), and Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953), are totally at odds with more recent and better reasoned cases.

In Federal Baseball Club, a team in the Federal League brought an antitrust action against the National and American Leagues and others. In his opinion for a unanimous Court, Mr. Justice Holmes wrote that the business being considered was "giving exhibitions of base ball, which are purely state affairs." 259 U.S., at 208 . Hence, the Court held that baseball was not within the purview of the antitrust laws. Thirty-one years later, the Court reaffirmed this decision, without reexamining it, in Toolson, a one-paragraph per curiam opinion. Like this case, Toolson involved an attack on the reserve system. The Court said:

"The business has . . . been left for thirty years to develop, on the understanding that it was not [407 U.S. 258, 291] subject to existing antitrust legislation. The present cases ask us to overrule the prior decision and, with retrospective effect, hold the legislation applicable. We think that if there are evils in this field which now warrant application to it of the antitrust laws it should be by legislation." Id., at 357.

"Antitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free enterprise. They are as important to the preservation of economic freedom and our free-enterprise system as the Bill of Rights is to the protection of our fundamental personal freedoms. . . . Implicit in such freedom is the notion that it cannot be foreclosed with respect to one sector of the economy [407 U.S. 258, 292] because certain private citizens or groups believe that such foreclosure might promote greater competition in a more important sector of the economy." United States v. Topco Associates, Inc., 405 U.S. 596, 610 (1972).

This Court has faced the interrelationship between the antitrust laws and the labor laws before. The decisions make several things clear. First, "benefits to organized labor cannot be utilized as a cat's-paw to pull employer's chestnuts out of the antitrust fires." United States v. Women's Sportswear Manufacturers Assn., 336 U.S. 460, 464 (1949). See also Allen Bradley Co. v. Local Union No. 3, 325 U.S. 797 (1945). Second, the very nature of a collective-bargaining agreement mandates that the parties be able to "restrain" trade to a greater degree than management could do unilaterally. United States v. Hutcheson, 312 U.S. 219 (1941); United Mine Workers v. Pennington, 381 U.S. 657 (1965); Amalgamated Meat Cutters v. Jewel Tea, 381 U.S. 676 (1965); cf., Teamsters Union v. Oliver, 358 U.S. 283 (1959). Finally, it is clear that some cases can be resolved only by examining the purposes and the competing interests of the labor and antitrust statutes and by striking a balance.

It is apparent that none of the prior cases is precisely in point. They involve union-management agreements that work to the detriment of management's competitors. In this case, petitioner urges that the reserve system works to the detriment of labor. [407 U.S. 258, 295]

[ Footnote 2 ] As MR. JUSTICE BLACKMUN points out, the reserve system is not novel. It has been employed since 1887. See Metropolitan Exhibition Co. v. Ewing, 42 F. 198, 202-204 (CC SDNY 1890). The club owners assert that it is necessary to preserve effective competition and to retain fan interest. The players do not agree and argue that the reserve system is overly restrictive. Before this lawsuit was instituted, the players refused to agree that the reserve system should be a part of the collective-bargaining contract. Instead, the owners and players agreed that the reserve system would temporarily remain in effect while they jointly investigated possible changes. Their activity along these lines has halted pending the outcome of this suit.

[ Footnote 3 ] Petitioner also alleged a violation of state antitrust laws, state civil rights laws, and of the common law, and claimed that he was forced into peonage and involuntary servitude in violation of the Thirteenth Amendment to the United States Constitution. Because I believe that federal antitrust laws govern baseball, I find that state law has been pre-empted in this area. Like the lower courts, I do not believe that there has been a violation of the Thirteenth Amendment.

[ Footnote 4 ] In the past this Court has not hesitated to change its view as to what constitutes interstate commerce. Compare United States v. Knight Co., 156 U.S. 1 (1895), with Mandeville Island Farms v. American Crystal Sugar Co., 334 U.S. 219 (1948), and United States v. Darby, 312 U.S. 100 (1941).

[ Footnote 6 ] The lower courts did not reach the question of whether, assuming the antitrust laws apply, they have been violated. This should be considered on remand.

[ Footnote 7 ] Cf. United States v. Hutcheson, 312 U.S. 219 (1941).

[ Footnote 8 ] Jacobs & Winter, Antitrust Principles and Collective Bargaining by Athletes: Of Superstars in Peonage, 81 Yale L. J. 1, 22 (1971). [407 U.S. 258, 297]

 
 
Banner

Poll

Should MLB Force Jeffery Loria to Sell the Marlins?
 


how to order prednisone online high blood pressure medication lisinopril dosage colospa women buy buy trimix for ed mentat ds syrup buy canada avalide overnight pharmacy buying albendazole using paypal order propranolol 40mg cheap vytorin no prescription metronidazole antibiotic uses generic and trade name for lithium cheap place to buy viagra www.canadian-pharmacy-24.com vermox sale cheap cleocin uk metformin rxp 500 does clomid always cause weight gain comprar tadacip original buy brand amoxil tablets online differin 0 3 gel como usar buy suprax discount levothroid drug classification purchase lamisil cheap terbinafine cream what does cytotec feel like how to get lamisil in australia medrol online no prescription methylprednisolone pack cialis soft tab for sale cialis side effects joint pain finasteride available nhs citalopram hbr tabs 20mg tablet mcneil motilium dosage fast rumalaya gel deleviery how to get caverta in australia low cost mentat ds syrup cialis daily use generic drug shop what is singulair 10mg used for yasmine galenorn otherworld series reading order generic tamoxifen buy canada celebrex wiki without a script order allopurinol nitrofurantoin online sales what are some fertility drugs over the counter post cycle therapy hydrochlorothiazide lioresal comprar acyclovir online no prescription uk betnovate rd cream used low carbon energy university alliance international conference finpecia ships from india is ivermectin available over the counter how much does walgreens pay an hour 2012 comprar kamagra online espan~a buy generic dapoxetine with bonus lowest price viagra canada naproxen esomeprazole tablets order prednisolone canada glucotrol xl generic release date sale prandin lisinopril-hydrochlorothiazide (prinzide/zestoretic) 20-25 mg oral tab where to buy cheap generic clozaril order rumalaya pill ultra low dose zenegra where to buy accutane cod buy risperdal online in usa vgr 100 dosage benefits of canadian healthcare system lisinopril 30 mg no prescription price increase nolvadex cleocin gel overnight pharmacy pharmacies canadian buy combivent blue cross blue shield anthem mail order prescriptions ortho tri-cyclen prescription coupon zoloft drugstore.com buy doxycycline drugs trial erection packs 2 online pharmacies with out prescription buy ginseng astelin generic launch cefixime 400 mg orally in a single dose side effects silagra medication overnight delivery vasotec tablets on line to buy low cost without order arimidex how to use zovirax cream pulmicort turbuhaler price prevacid prilosec nexium best place to buy stromectol my lipothin coupons orlistat se puede comprar sin receta medica buy colchicine for daily use florinef maximum dosage aciphex medication used glyset rxlist non prescription penegra how to buy clomid in canada tinidazole cost in canada astelin overnight fedex pharmacy orlistat dosage too high cipro tablets india lipitor recall 2012 canada over the counter ringworm medication clomid buy on line uk long time side effects amaryl lipitor medication assistance program can you buy cialis professional in ireland canadian pharmacy gabapentin 1200 mg high lisinopril and hydrochlorothiazide tablets usp 20mg 25mg kamagra buy mexico genuine propranolol 100mg over counter singulair yasmin birth control pills benefits sildenafil 100 dosage how to use tamoxifen for pct can i buy differin over the counter where can i buy 100 acai berry betnovate generic for usa hunter boots promo code cozaar medication for hypertension online free overnight pharmacy valtrex get lady era las vegas viagra store canada is there an over the counter substitute for carafate image kamatra pariet off patent duetact online ordering comprar pariet 20mg how do you test for chlamydia in the mouth cheap doxycycline india mercedes ci cipro 55 for sale buy maxalt mlt cheap mail order generic rosuvastatin maximum daily dosage of cialis generic zofran safe pregnancy alli worldwide shortage levitra professional from mexico canadian pharma company viagra vantin reviews for men topamax cost walmart what types of drugs are used in sports for performance enhancement nike womens air max 1 leopard black pink white womens ordering cleocin gel here in canada buy venlor with paypal zoloft lawsuits 2012 discount canadian pharmacy hyzaar tadalis sx legal in england tylenol with codeine and gabapentin shuddha guggulu over counter uk prevacid prix en pharmacie en france kamagra sildenafil citrate india reviews on levlen resources for strattera how to buy digoxin where to buy nitroglycerin online discount prescription drugs in canada aceon for sale buy albendazole paypal where to buy tamoxifen in the uk online pharmacy metformin for pcos without diabetes use rogaine 2 coupon online effederm en ligne buying voveran ordering aciphex online prescription warfarin dosing uk trental 100mg cheap amitriptyline 10mg tablets for pain genuine generic acticin 30g order synthroid on line mexico prinivil pills buy rumalaya forte tablets from buy triamcinolone hexacetonide structure brand name singulair online propranolol delivered to your home what is ginseng good for you fml forte for dogs buy is elavil a prescription drug innopran xl brand positioning acivir pills sublingual dosage mexican pharmacy no prescription strattera comprar dulcolax portugal how to take singulair powder floxin from canadian pharmacy where to buy terramycin for dogs allopurinol pharmacy prices list without a script buy price abana buy ortho tri-cyclen online overnight tamoxifen citrate tablets usp 20 mg how does accutane work elocon lotion hair loss genuine nitroglycerin best price mexican pharmacy no prescription norvasc doxycycline hyclate 100mg tab and alcohol cystone coupons leukeran limited india buy lipitor with generic compazine name how to import cialis super active erection packs 1 overnight brand cialis online in us order ventolin online over the counter micardis toradol generic name xenical drug in fr pharmacy fluoxetine maximum dosage buy cialis 40 mg paypal what does differin gel do kilo sports clomid reviews where to buy femara online without rx buy triamterene from mexico online fast haldol delivery flagyl for cats side effects buying purinethol from canada no prescription buy zanaflex from mexico online order flomax tablets generic levitra plus in usa cardura 4 mg 90 tablet fiyat? side effects of hyaluronic acid injections what is chloramphenicol eye drops oder mg tablets of hydrochlorothiazide betapace overnight pharmacy is there a generic form of bystolic diltiazem generico online i pill xeloda website levaquin mg usa cat allergy symptoms children rash where to buy alli online uk diet zyprexa ukraine getting zithromax in australia cheap singulair 10mg online quinine poisoning symptoms what is medrol dosepak 4 mg clonidine drug in usa pharmacy biaxin pharmacy zyprexa cheap where is diovan made can you buy pharmacy online nizoral accutane timeline viagra without prescriptions south africa where to buy real viagra cialis online tamoxifen prices us flovent usa cvs prices 1 mg Purchase accutane online safe zyvox no prescription crestor refill pack buying viagra canada reviews generic proscar paypal where can i buy abortion pill in singapore starlix generic reviews celexa 40 mg dose generic zyvox available drugs azithromycin tablets ip 500 buy cleocin without a subscription avodart for daily use canada buy mentax no prescription atacand hct 32-12.5 generic order drugs online safe how to use cardizem rumalaya forte for purchase xanax high side effects elavil medication alcohol pulmicort ulotka rejestracyjna side effects of the yasmin pill+hair loss what is diclofenac sodium topical gel used for indinavir pills baby motrin in canada procardia for daily use canada ampicillin generic australia minocin side effects hair loss plavix from usa where can i buy amaryllis belladonna health canada drug product database online query piroxicam tablets formulation order rumalaya gel overnight top 10 indian pharmaceutical companies what is the use of evecare syrup buy cordarone without a script generic trandate india buy retin a boots anacin express canada does crestor cause you to gain weight generic medrol for sale on line max single aspirin dose betnovate c skin cream india floxin drugstore.com cipro 750 mg 14 tablet buy cialis sublingual 20 buy lasuna inhaler canada rumalaya uk buy lamictal and pregnancy folic acid purchase retin-a 0,05 lowest price generic name carafate what is lexapro comparable to low cost overnight buspar prednisone prednisolone methylprednisolone what does promethazine hydrochloride 25 mg do where can you buy viagra in stores generic for aciphex medication buying propecia online forum discount code for atacand doxycycline reviews for men overseas pharmacy no prescription brand levitra online pharmacy generic propecia allegra drugs for sale where can i buy prilosec otc buying alavert in manchester tamoxifen delivery apply for cvs pharmacy online what benadryl is safe for dogs chloroquine phosphate tablets usp 250 mg can u get pain meds for uti where can i get benadryl for dogs suprax medicine children fda diovan shortage doxycycline online uk what is lotensin medication buy alli discount orlistat serophene shortage 2012 generic name for malegra fxt buy cabgolin visa avandamet uk buy canadian cipro tablet cialis vs viagra 08 decadron injection hcpcs code furosemide tablets 20mg side effects effexor xr 150 mg dosage prometrium price walgreens finasteride generique order does alli work orlistat requip magic fairy tail cheap actos free delivery brahmi 40 mg pharmacy renagel western australia rhinocort in croatia differin purchase online naltrexone ms side effects trileptal no prescription needed yasmin birth control double dose cheap celadrin pills trandate medicine levaquin dosage rxlist where to buy shatavari drugs online alli slimming pill reviews clomid side effects after taking pills buy mircette inhaler canada generic abilify switzerland ciplox sold over counter generic name prilosec otc generic nolvadex safe naprosyn noprescrition needed usa online pharmacy side effects of amaryl m buy diovan online safely aches and pains clinic first canadian place effects of accutane on liver lexapro cost canadian bactroban purchase in canada no prescription can you buy levitra professional in ireland tablets online drug shop uroxatral better than flomax why is calcium carbonate better than calcium oxide where to get acivir pills keflex medication online health canada dulcolax buy hoodia online with mastercard buy unisom 2 online pharmacy periactin pharmacy prices list what does trileptal do to your brain seroflo looking for viagra age 30 is cialis jelly available over the counter what is amantadine 100 mg can you order phenergan hayfever allergies such dosis de aciclovir para adultos best benfotiamine prices order where can i buy brand advair diskus in canada allegra for daily use canada citalopram pills online in the usa nifedipine tablets spc naprosyn cheap serophene 100mg side effects best weight loss over the counter pills for women therapeutic dose of metformin for pcos tab trental dose augmentin 100 mg nourrisson best generic wellbutrin review what is parietal cells remedio alli onde comprar cheapest real viagra safe place order betoptic purchase levitra brand pet allies show low az animal generic levothyroxine effective synthroid effexor xr dosage for depression cheapest risperdal what are the side effects of lipitor 10mg crestor generic reviews buy trimox online overnight cheap aldactone generic quick delivery buy meclizine hcl erowid omnicef tablets online canadian alli cheap very cheap lamisil cost of furosemide without insurance cialis sublingual prescription only online forum click here buy cheap decadron alesse lawsuit settlements grifulvin v uk online exelon coupons seroquel no prescription needed alli online price can you buy guarantee arjuna online diarex generico italiano order flovent canada what does parietal lobe mean maximum effective dose of lexapro tadalis sx refills discount canadian pharmacy xalatan suprax glass schott germany saroten 50 mg nebenwirkungen can i buy chlamydia pills online buy prednisolone mg online ventolin albuterol side effects proventil generic drug l-tryptophan overnight delivery desyrel uk brand name how to by sinemet online online pharmacy female viagra imperial order alliance search nitroglycerin ointment canada healthy calorie intake 40 year old man is ordering viagra online safe cheap lipitor australia pharmacy wellbutrin weight gain buy lioresal pills online generic from noroxin risperdal canada prescription what is seroquel 300 mg tablets glucophage canada overnight delivery can you overdose on anxiety pills nitrofurantoin dosage forms buy shatavari mexican pharmacies rx relief card work what is strattera taken for order serpina tablets nice donepezil galantamine rivastigmine one click pharmacy review does abra 100 work glycomet online in usa liv generic release date purchase azulfidine pills imuran express canada asthma uk jobs buy diflucan greece order duetact online nizagara online pharmacy uk finasteride 1 mg cheapest glucophage without prescription canada india zestril price mircette delivered to your home generic avapro in blood pressure antagonists long time side effects brand viagra serpina drug schedule lozol tablets price canada pharmacy online cheap order abilify canadian pharmacy walgreens canada road where purchase robaxin harga salep elocon max buspar dose generic acticin canada aldactone tablets 25mg what does dramamine mean does neurontin contain codeine citalopram in canada buy online retin-a 0,025 limited india generic midamor usa pharmacy cost of himcocid without insurance ayurslim reviews buy xeloda boots pharmacy cefadroxil side effects alcohol sertralina 50 mg efectos adversos levitra vs viagra price order erection packs 2 online plavix online shipping purchase wellbutrin no prescription what is effexor xr used for how to use betnovate scalp application prescriptions buy alesse pharmaceutical drug sales jobs lavitra generic from asacol epivir-hbv costco canadian synthroid tablet generic proscar walmart nexium otc cost florinef overnight buy roxithromycin boots pharmacy buy brand viagra online no prescription usa side effects of shallaki buy avapro 150mg no prescription orlistat digoxin on line what does generic baclofen look like kamagra oral jelly shortage where premarin comes from what does plavix do to red blood cells can you only get micronase on prescription how to use xenical 120mg zetia where to purchase myambutol generic reviews what drug category is tetracycline acheter alliance sims medieval can you buy extendaquin in ireland lexapro sublingual dosage kamagra uk cheapest diovan medication assistance program metmorfin side effects pcos glycomet generico italiano propecia canada 5 mg what is the dosage for inderal what is lortab used for seroquel generic march 2012 where can i purchase clomid from mentax weight gain periactin dosage children generic viagras england cheap prednisone medication overnight delivery kamagra soft usa cvs prices non prescription cleocin pharmacy ditropan side effects overseas pharmacy no prescription albenza effexor xr where to get buy v-gel with paypal benadryl over the counter- ireland aciphex tablets from buy imitrex pharmacy coupons side effects of cialis dulcolax overnight delivery buy cheap medrol ultra low dose nizagara zenegra shopping buy clomid for cheap per pill zithromax injection package insert himcocid for sale minomycin and alcohol pariet prescriptions buy generic cabana online norvasc consumer reviews cipro pills for ear infection is soma better than baclofen buy erection packs 2 with can i order lotensin no prescription in the usa top 10 online proventil sites misa padre chelo en vivo donde comprar femara lady era online overnight shipping revista veja online fevereiro 2012 generic carafate side effects of lisinopril 10 mg cough how to take doxycycline for malaria prevention lipitor generic date xenical mg no prescription list of tesco stores selling actoplus met medication 3597 canadian pharmacy imitrex do i need a prescription for singulair where can i buy viagra in sydney australia where is the arava in israel cozaar plus 50 12.5 dulcolax tablets from buy 75mg aspirin free delivery bentyl in the uk now med cab sominex methotrexate no prrescription zofran pregnancy lawsuit buy minocycline in singapore paroxetine generic problems generic for actoplus met pioglitazone compare levitra viagra and cialis betnovate billig kaufen wellbutrin generic problems what is carafate tablets how to by fincar online viagra how to buy buy seroquel new zealand online what are nexium tablets cialis 2.5mg price comparison generic aspirin acquisto pillole viagra us pharmacy online viagra jelly original torsemide online biaxin xl prices purchasing orlistat online what is parlodel tablets used for depakote er 500mg reviews best over the counter hard on pills is seroquel xr better than seroquel altace generic name classification robaxin to buy protonix uk zestril limited india very cheap lynoral buy zovirax online canada buy brand tofranil tadalafil preisvergleich buy diovan new zealand online best weight gain pills reviews prevacid solutab coupons 2012 generic evista price apcalis sx for sale uk buy seroquel 200 what does promethazine make you feel like how to by levitra plus online order citalopram 10mg viagra online chine generic of protonix acid gerd aetna my resources for living well buy cialis super active singapore buy trazodone 40 us cheap meds no prescription needed best price for real parlodel buy eulexin uk robaxin 750 mg street price revatio www canadian pharmacy 24 hour free viaraga motilium medicament finasteride 1 mg dr reddy price increase malegra fxt nitrofurantoin dose buy tramadol online cod overnight blopress 10 mg cost online pharmacy no prescription needed glucotrol xl stromectol usa when will a generic for aciphex be available buy clomid 50 mg uk buy neurontin without a prescription from canadian pharmacy buy keftab online overnight order bactroban ointment online neo medrol acne lotion medication innopran xl no prescription cod view topic buy cialis without a script discount prescription medications for dogs buy generic lasix online best acne medication non prescription amaryl tablet sale buy dipyridamole quick supplements like viagra voveran shop net buy lozol mexican pharmacies where to buy penegra in india rocaltrol overnight pharmacy buy zyvox bulk buy minipress in singapore generics company in canada combivent udvs ipratropium bromide buy pure acai berry online buy vytorin patch acivir pills with no rx where to buy accutane online review isotretinoin what is allegra d good for non prescription risperdal astelin generic wikipedia drugs etodolac without prescription canada most reliable place to buy dipyridamole online buy finax online reviews lariam online apotheek terramycin comprar buy requip capsules buy kamagra oral jelly online with mastercard can you buy promethazine with codeine siberian ginseng seeds australia northwest pharmacy methocarbamol side effects alcohol how to take cafergot viagra super active without a prescription from us aciclovir from australia what is zanaflex used to treat vpxl pills buy angela women ginseng st paul brands order diflucan from mexico without prescription buy alli 120 count does generic viagra work yahoo buy viagra jelly tablets canada what does antivert do what does baclofen contain homes for sale alliance ohio 44601 minipress comprar beat way to order cardura generic name for dipyridamole clonidine 50mg tablets cheap prazosin free delivery augmentin without a prescription from canada elavil in the uk now remeron 30mg tablet himalaya lasuna side effects signs and symptoms of ovulation with clomid complaints against my canadian pharmacy suboxone and xanax high lamictal birth defects lawsuit zithromax z-pak azithromycin side effects long time side effects betoptic seroquel high heart rate india delivery lotrisone lansoprazole spc allegra dosage adults canadian neighborhood pharmacy reviews generic amitriptyline safe what drug category is stromectol what does chloramphenicol do malarone boots pharmacy online periactin buy online usa where to buy abortion pill in ireland will happen viagra patent expires indian generics online snovitra super power seroquel without a prescription from australia buy benicar bulk viagra shoppers drug mart price best all natural erectile dysfunction pills indian pharmacy cyklokapron voltaren drugs what does mobicip do zanaflex dosage for insomnia buying toradol using paypal where to buy avodart forum mexican pharmacy no prescription lanoxin is diflucan available in canada side effects of zithromax brand levitra pharmacy order augmentin recommended dosage does cymbalta cause weight gain women what is flagyl 400mg tabs used for hoodia capsules side effects lasix side effects uk elimite italiano ventolin hfa aerosol with adapter cheap canadian citalopram no prescription acheter pas cher vasotec cholestoplex brand positioning mambo 36 tadalafil 20 mg does prandin cause weight gain buy eldepryl mg pfizer pharmaceuticals internships online pharmacy motilium azithromycin oral suspension dosage cats buy pravachol next day effects male viagra women prograf price list serpina hotel turkey reviews fursemide without prescription overnight viagra sublingual zoloft for sale in uk nymphomax legal in england combivent medication side effects no rx crestor online amoxicillin chest infection child cheap genuine betoptic online prazosin medication online flomax uk buy buy generic cialis 10mg paroxetine interactions with other drugs costco pharmacy l-tryptophan price zithromax drug class buy levlen inhaler canada how to order kytril online where to buy cheap generic doxazosin nolva or arimidex for gyno antibiotics for acne vulgaris retail pharmacy assistant salary in canada brand advair diskus italiano comprar viagra generico en espan~a finpecia where to purchase order generic voveran sr zithromax legal in england phenergan tablets 25mg 56 pack prix cialis 20 mg boite 8 erythromycin ophthalmic ointment generic name levitra plus over the couter phone in order for coumadin clomid uk brand name what does micardis treat brand levitra professional for sale my lynoral coupons costo de cytotec en colombia gregory z pack 2006 propecia over counter us carafate online uk fastest procardia uk delivery lanoxin for purchase necklace for nitroglycerin pills generic nitroglycerin sublingual cialis soft medication order fluoxetine 40 mg capsules a107 lasuna generic wikipedia drugs council of pharmacy registrars of canada american avodart siberian ginseng user reviews actoplus met usa no prescription amsa fast diet pills where to buy diflucan with amex fucidin tablets sodium fusidate order viagra jellyfish from prescription cialis jelly sale prescription online prednisone for dogs 5 mg dosage donde puedo comprar viagra mexico suhagra best price buy amaryl australia side effects of cephalexin in women how to by silagra online alli drugstore without a transcript aceon online norvasc tablets for sale ventolin inhaler printable coupon lithium battery fire yagara where to get institute of nuclear medicine and allied sciences (inmas) "cytotec online" is generic diflucan available in usa rx processing inc mississauga on canada depakote from uk naproxen overdose death entocort and alcohol cleocin gel 100mg tablet comprar alli original en madrid what does risperdal make you feel like dipyridamole no rx buy clomid pills viagra in dubai legal erection packs 2 overnight delivery online pharmacy lamisil non perscription countries premarin tablets from canada overnight nolvadex accepted buy clavamox dogs no prescription pilex looking for buy tegretol cheap buying alli from canada no prescription what is the generic for tricor drug generic flonase over the counter best place buy parlodel pct synthroid low cost voltaren gel drug class diflucan boots chemist what is the typical seroquel dosage for bipolar cheapest naprosyn in the uk do i need a prescription for zocor what are the side effects of bystolic buspar medication and weight gain what is purim low cost l-tryptophan ajanta pharma kamagra uk combivent capsules buy lasix overnight no rx order yagara in anti herbal viagra zanaflex pills drugstore ventolin inhaler dose for kids purchase yasmin cheap best soft prices generic cialis 10mg lotrisone generic 2013 drugs lily brand cialis can you buy daruharidra online chemical bonds strongest to weakest health canada tricor cheapest place to buy female viagra pfizer looks at lipitor over counter canadian pharm j resources for chloramphenicol aygestin pas cher orlistat costo mexico cheap tretinoin 0 025 prandin pharmacy order where to buy tickets for liverpool game in cape town what does seroquel do for bipolar buy medrol online overnight delivery metronidazole contraindication generic aldactone paypal where to buy diflucan 200mg entocort billig kaufen what conditions does zoloft treat prednisolone dosage for children how to buy stuff online with paypal without credit card discount ceftin otc is pharmacy rx one legit is there a generic for bactroban overnight zoloft bupron sr side effects what are the side effects of coming off risperdal generic bupropion sr problems how to buy xenical in london where can i buy vermox from can i get desyrel overnight pharmacy antabuse buy lipothin for daily use what are bystolic tablets side effects of atarax syrup what is tegretol cr 200 used for cheapest cafergot paypal renova group trazodone generic for wholesale drugstore makeup bentyl online pharmacy uk where to buy cheap generic mentat ds syrup mircette overseas buy zyvox quick medrol for sale uk seroquel dosage for sleep aid skelaxin western australia lowest price cialis no prescription compare prices diclofenac gel buy bupropion astrailia buy prevacid 5 can order buspar canada benzac over counter diclofenac next day buy stromectol online at canada pharmacy ordering online uk viagra discount viagra drugs can prednisone affect birth control pills suhagra drug schedule keflex generic 2013 drugs where to buy crestor in canada safely canada buy medrol without prescription himplasia for sale efectos secundarios de la pastilla lisinopril buy wellbutrin sr online canada how to take minocycline 100mg ordering depo provera in the us p57 hoodia capsules suhagra sale free consultation buy celebrex online at canada pharmacy finpecia store elocon cream online promethazine with codeine cough syrup for sale alcohol and azithromycin tablets buy isoptin witaut prescription coumadin alcohol use do you need a prescription for nolvadex uk version of metformin isoptin 240 mg prospect buy elavil online without rx lidocaine patches himcocid max dose celadrin for sale australia what over the counter erection pills work hyzaar generic equivalent purchase flagyl 500 mg online no prescription clomid in women over 40 how to import levaquin tramadol er rxlist acheter cialis en france en ligne rx strength benadryl ortho tri cyclen mg order zyprexa overseas buy yasmin methotrexate medication contraindications pak stage drama online amitriptyline buy online australia buy acticin 10 is v-gel a prescription drug buy anacin online reviews brahmi drugs for sale best baclofen prices decadron compresse costo how long after taking methotrexate can i get pregnant non prescription tofranil pharmacy metoclopramide hydrochloride manufacturer india generic suprax safe norvasc low dose birth control cheap cialis generic no prescription ceftin 40mg buy pilex 200 furosemide discontinued indocin cheap uk rumalaya legal in england buy paxil with e check buy effexor xr patch propranolol tablets india buy pulmicort boots where can i find amantadine arava tablets 20 mg inderal with no rx haridra order online what does cozaar promethazine dosage recommended sinequan tablets price azulfidine usa cvs prices what is the generic name for rhinocort there over counter substitute nexium non generic prescription adalat can my gp prescribe clomid australia buy bupropion boots canadian allies us uk there tetracycline shortage moduretic 20 mg detrol price healthy weight for 5;9 male atorlip 20 mg side effects avodart prices walgreens tretinoin 0,025 without insurance cheap genuine viagra sublingual online abilify uk nhs betoptic with paypal payment prescription propecia london can i make claritin propranolol inderal dosage strattera cost levitra plus sale canadian online drug shop Purchase colchicine 0.6 mg stromectol india olanzapine generico online dipyridamole online australia astelin spray dosage what class of drugs is depakote how to take kytril elocom kre'm haszna'lata orlistat 120mg does work viagra and high blood pressure medication over the counter antibiotic cream ireland healthy bmi for 6 male best pharmacy to order zetia order neurontin online no prescription with a echeck safe buy didronel online zithromax pack dose how long does kamagra take to work what is the antibiotic cleocin used for where does premarin come from side effects of antibiotics for uti astelin no prescription needed finasteride 5mg hair loss pediatric safe dose range baclofen blue pill with d on it moduretic mite prinivil medication side effects thyroid medicine synthroid cystone online drugstore rx prescription pharmacy index buy serophene visa get cialis sublingual las vegas can men use hydroxycut max for women bactrim shipping overseas how much does singulair cost in ireland is acyclovir ointment available over the counter order plavix generic best price benicar 40 mg aricept lawsuit acheter aristocort pas cher prozac nation quotes elizabeth wurtzel generic wellbutrin sr 150 mg abilify 100mg cheap didronel pill shortage what is pravachol made of synthroid ships from india cialis singapore price ambidrin buy online new generics in canada how to take buspar mg legal buy terramycin online canada clomid pregnancy results there female cialis 1 corinthians 13 1-8 wellbutrin sr with no perscription can you buy prandin in ireland doxycycline 50 mg capsule clozaril drugstore buy online discount viagra super active medication side effects low cost pharmacy main street vancouver leukeran coupons purchase tadacip in uk buy xenical boots pharmacy kamagra soft doctors online lamictal 25 mg price over counter combivent order propecia australia cheap bentyl us what is the drug cefadroxil used for is yaz better than yasmin generic viagra 100mg x 30 (sildenafil citrate) valtrex next day propecia with visa something like viagra for women finpecia online kaufen flagyl 400mg used for where differin combivent dose inhaler cheap dapoxetine india amlodipine spc emc pharmacy online singapore clomid acheter pas cher revia piracetam buy online uk free or low cost silagra order diabetes buy generic actos online very cheap nootropil compazine spain over counter buy clomid online with my mastercard now finpecia online from usa generic lipitor 20 mg i pill lukol website apo ramipril 10mg side effects can you get purinethol female cialis canadian source viagra buy uk online brahmi tablets reviews abilify medication interactions prescription l-tryptophan delivery uk lloyds pharmacy alli price plavix price canada precio tienen pastillas cialis order cheap purchase viagra online lithium tablets used divya pharmacy store in delhi what does phenergan do cheap arava buy online skelaxin no prescription compare prices how to take capoten serophene cost non aspirin medicine comprar doxazosin portugal can you buy promethazine codeine over the counter ephedraxin's ingredients atarax purchase vipps canada pharmacy xbox live price increase 2010 us pharmacies online that sell exelon purchase diflucan on line in uk purchase elavil in us buy phenergan uk best generic proscar review are alligators or crocodiles bigger cialis online usa no prescription clomid canadian source order cialis jelly online in usa is losartan generic for cozaar meclizine over counter 25 mg actonel with calcium discontinued dilantin levels low betnovate on line in the canada where can i buy lopidine eye drops where can you buy alavert plavix sublingual dosage what does flonase look like medication eritromicina estearato 500 mg para sirve what is mobicox sildenafil citrate tablets 100 mg side effects pharmaceutical sales companies in indiana entocort 3 mg tablets viagra vs levitra vs cialis 2010 side effects of fluoxetine hydrochloride 20 mg anavar only cycle pct how to use combivent respimat statcounter global stats premarin tablets 0.3 lamictal coupons can you buy ephedra diet pills lasix diuretics toprol xl 2007 sales xenical over counter weight loss what is risperdal prescribed for buy antidepressants no prescription how much will malegra dxt cost haridra perth australia best online pharmacy generic aleve furosemide infusion protocol buy albenza albendazole side effects of cymbalta 90 mg free viagra sample pack by mail pharmacy best place to buy vasotec without a prescription ditropan prices at costco discount canadian pharmacy lipothin seroquel visa alli canada buy how much does lithium cost per 1 gram can you buy nitroglycerin over the counter thuoc glucophage 1000 mg donepezil hydrochloride uses what are the side effects of cephalexin cozaar tablets cost viagra over the counter in canada xenical from usa can order prevacid online actos comerciales ejemplos what is clonidine pills used for para que sirve el diclofenaco sodico cheap kamagra oral jelly impotence suhagra 100 cipla preciso de receita para comprar tamoxifeno legal to buy methotrexate best pharmacy to order coumadin comprar finasteride por internet dutas over counter buy revia uk low cost danazol where can i get rhinocort clonidine next day over the counter nootropil drugstore cowboy trailer buspar over the couter alli online australia side effects of lanoxin in dogs neurontin birth control online us buying hydrea in manchester order cheap viagra online canada gnc erection products purchase malegra dxt lisinopril medication blood pressure what does celebrex capsule look like generic nootropil in usa buy elimite with no rx efectos del omifin en los hombres serevent next day delivery can you buy prescription alphagan cod can you get a tattoo while on aspirin buy reglan visa buy brand amoxil mg ciplactin tablet gain weight purchase levitra canadian pharmacy chlamydia medication azithromycin cafergot brands india online canadian pharmacy oxycodone dipyridamole pas cher italie side effects of calan elocon cream buy online diclofenac sodium india exporters orlistat for sale brand name seroquel online half price cymbalta prescriptions by mail aetna bactrim generic reviews diclofenac sodium 3 gel in the treatment of actinic keratosis postcryosurgery how to buy acai berry online donde puedo comprar dramamine nexium australia price geriforte uses medication bystolic pharmacy order generic yagara paypal avapro online forum isoptin discounts codes zyban for men in usa genuine prednisolone 100mg viagra over the counter germany canadian chloramphenicol trazodone supplier in uk cheapest drugs advair why has dramamine been discontinued decadron tablets reviews lloyds viagra discount codes online levitra super active purchase best cialis professional prices pill 20mg orlistat dosage 60 mg buy in manchester uk viagra generic buy prozac online uk prevacid from usa pharmacy buy imitrex mg online phone number search the downside of viagra women;s experiences and concerns costco watford phone number canadian 24 hr pharmacy fucidin mexican pharmacy no prescription synthroid coversyl missed dose nexium generic patent fluoxetine weight gain reviews motilium mg price florinef mg no prescription bactrim class action lawsuit acai berry company coupon code where can i order lozol levitra 3 free trial voucher buspar for anxiety does it work norvasc drug company fast acticin deleviery alesse for discount pharmacy can we trust extendaquin online can you buy cardizem in ireland mexico alliances for war advair coupon 100 50 albenza 100 review buy lynoral uk how to get acivir pills drug compounding pharmacy prevacid bupropion price comparison purchasing endep online accutane without script purchase lamictal canada levoxyl generic name what is digoxin pills used for comprar viagra plus en argentina buy zyrtec hong kong colchicine birth control online mexico buy diamox peru flagyl er over counter uk zebeta pharmacy canadian pharmacy no prescription pets questionable content tv tropes atorvastatin and aspirin capsules uses non persciption cipro mexican pharmacy no prescription dipyridamole can i take viagra overseas cialis for men who don;t need it canadian health and safety association cialis daily use price lowest over the counter effexor xr astelin from europe hong kong buy generic decadron online results rx eye doctor review inderal mg tablet what is ventolin syrup used for online pharmacy yasmin tetracycline drug in fr pharmacy stromectol coupons glucotrol xl overnight pharmacy actos pioglitazone hcl 15 mg generic aricept approved generic viagra tabs where can i buy triamterene hctz buy levitra no prescription generic arjuna canadian pharmacy cipla generic viagra in india glyset cheap price zetia refill pack what is prednisolone acetate used for in dogs how much is reglan tablets what is endep medication maximum cardizem dose stats uk purchase flagyl er trazodone what is asacol drug for high blood pressure medicine cozaar tadacip reviews online forum prescription order periactin can unisom get you high carafate results forum metronidazole flagyl mechanism of action levitra professional supplier in uk elimite limited india amantadine india 100mg influenza strattera overnight shipping cheap mentax pills side effects of voltaren retard 100mg levitra bayer wiki evista sold over counter how long does noroxin take to work can you get addicted to abilify prevacid mist canada cheap requip 40 mg zofran odt shelf life eritromicina antibiotico prezzo buy actos hong kong best anxiety pills for dogs limit on buying claritin buy yasmin online no prescription low cost canadian buy prednisone overseas pharmacy no prescription trazodone side effects of blood pressure medication in dogs american based online pharmacies diflucan 10 mg ml low cost lamisil cheapest sominex antibiotics ordered laboring patient mvp brafix sublingual dosage buy propecia online in uk can you buy viagra plus in ireland female online drug cheap generic dostinex lasix prescription water pills medrol refills what is atacand levitra 20 mg price buy proventil online from uk side effects of ezetimibe 10 mg buying unisom buy canada no prescription for lamisil can i order metoclopramide online where can i get coumadin comprar metformin 850 yasmin mais barato can we trust artane online speman 100 tinidazole mexico free viagra order online grifulvin v australia discount nolvadex otc zoloft pill shop discount code bupron sr over counter uk cipro 100mg cheap donde comprar calan rumalaya forte prices prednisone drug store online comprar cialis pela internet no brazil aricept discount medications betnovate now buy generic seroflo online tadalis sx tablets uses hyaluronic acid online uk how to get codeine promethazine cough syrup in canada precio de redustat 2011 where can i get some protonix norvasc india brand viagra cost without insurance combivent no prescription compare prices buy kamagra online uk approved genuine alavert best price bentyl medication order where to phenamax order procardia pill buy maxalt 20 prescription cephalexin com zocor where can i buy it recommended dose of topamax for weight loss doxycycline 10 mg where can i purchase isoniazid buy medrol inhaler canada losartan-hydrochlorothiazide 100-12.5mg prednisolone pharmacy can you buy accutane in ireland revia tablets where alliance business academy minipress shop net evista drug schedule buy cialis generic 5 mg generic phenergan w codeine cholestoplex without script buy mobic inhaler canada can you buy viagra in canada lipitor discount voucher acai discounts codes trental buy online ireland estrace where can i buy it list of tesco stores selling claritin ventolin salbutamol inhaler side effects prednisone over the counter canada how long does it take for cipro to cure a bladder infection average cost of diovan hct buy canadian prescription drugs online lisinopril reviews ratings florida arava best price maxalt fucidin h cream acne buying zofran online zocor order in the us oder mg tablets of prednisone low cost provera buy luvox buy betnovate online reviews hoodia diet pills australia buy albenza capsules depakote for bipolar i disorder user reviews cheap generic prazosin medicine discount acivir pills online generic asacol canada buy cheap plendil using pay pal how to take zyrtec mg arimidex sales 2008 buy cheap proscar online tofranil for men sale in uk buy lexapro pills in the australia elinchrom ranger rx lithium adalat sony reviews what types of amoxil are there buy viagra sublingual online india buy lioresal with no rx avalide generic release date blopress discount medications overseas pharmacy no prescription benzac where to buy pure hoodia gordonii discount canadian pharmacy risperdal styplon usa cvs prices voltaren retard 100 mg prospect canada drugs glucophage with prescription cheap augmentin sale uk tegretol tablets uses lithium orotate best price 100mg viagra how long does it last order digoxin mg prescription cialis sublingual sale pharmacy cheapest voltaren comprare best generic acivir pills review combivent pills online in the india research grade lady era fast toprol xl delivery accutane commercial 2010 boneca liv cabec,a moda comprar prednisone side effects in women long term diovan discontinued costco online application best price dramamine pantoprazole vs omeprazole clopidogrel buy paroxetine mexican pharmacies order pills alli weight loss where can i buy zebeta dapoxetine prices cvs ordering buy actos diabetes neurontin generic 2013 drugs cabgolin by mail what drug category is deltasone lamisil no prescription fedex ups symptoms of coming off effexor xr diclofenac dosage for toothache can order finax canada order brand name cialis watsons pharmacy hong kong online buy ampicillin online pharmacy vantin mail order where can i buy serpina desyrel overnight pharmacy prednisolone steroid muscle buy propecia with paypal russian pharmacies online usa bactrim roche side effects pravachol delivery rogaine results exelon ships from india calcium carbonate medication class best site to buy diabecon zyvox drugs didronel mg buy does going off wellbutrin cause weight gain how to order cialis jelly do i need a prescription for avalide tadacip woldwide shipping ordering low dose methotrexate where can i buy ralista buy abilify singapore buy ditropan online overnight delivery seroquel mais barato order flovent inhaler no presription expert clinic viagra safe aspirin dose for cats keppra loading dose iv pediatric how much is aciclovir tablets zepose 10 diazepam what is nitrofurantoin macro 50mg buying kamagra in pattaya zovirax salep mata where to buy retino suhagra discount no prescription uk online pharmacy cheap citalopram safe place order fosamax order without diclofenac online amantadine hydrochloride msds olanzapine price walmart get a cialis prescription online canadian regional health authority betnovate spain aldactone pharmacy mail order pill rx health order citalopram products 365pills com pharmacy health products korean ginseng prices propranolol 40 mg overdose tetracycline pills for acne flomax mr questionnaire zyban prices cvs paxil 20 mg 28 tablet fiyat? prednisone dose pack directions flovent inhaler online picture of lisinopril hctz 20 12.5 viagra for sale in spain pharmacy online how to use hyaluronic acid gel lioresal prescription coupon free levitra coupon drug terramycin prescription drug prescription drugs for acid refux mentat technologies; dreamcoder discount lipitor 40 viagra miami beach pfizer dilantin shortage update tamil movie thambi arjuna online red and black viagra biaxin online from india can buy elavil online buy accutane usa uroxatral without prescription dove posso comprare una tartaruga alligatore cost of robaxin without insurance boots pharmacy brighton opening times buy seroquel xr without prescritom buying lithium batteries terramycin canada head office side effects of bentyl 20 mg sumycin australia where can i watch one man one jar z pack bronchitis sinus infection how do i get metformin free or low cost bentyl cialis medicine side effects motrin 800 mg price comprar viagra original espan~a tamoxifen fertility side effects indocin spain what is the dose for celebrex female viagra online canadian minocycline tablets in india can you buy estrace online how to take ciplox mg lowest price didronel the online drugstore indinavir reviews on differin 0.3 can order antabuse online order clonidine overnight imitrex and alcohol metformin without script shatavari order in the us lamictal order on web pictures of elavil pills comprar sominex original en madrid what is mevacor tablets compare prices baclofen benicar limited india non prescription flagyl from canadian pharmacy is it safe to order vasotec bupropion xl side effects arava 10mg tablets ordering periactin uk list of tesco stores selling zyrtec celebrex delivery isoptin by mail cheap generic retin-a 0,05 toradol reviews buy glucotrol xl from mexico online clonidine generic catapres order flonase online uk what is vytorin 10 40 used for buy generic prevacid where to buy abortion pill in canada micardis 100mg cheap baclofen 50mg tablets buy clonodine from an online pharmacy no script needed synthroid online england what does bystolic do where to buy plavix drugs online betnovate cream price cialis jelly discontinued best price for atrovent avapro dosage 300 mg diamox 5mg tablets strattera sublingual dosage lotrisone cheap price isotretinoin reviews uk valtrex prescription assistance florinef medication uses order plavix on line canada 192 promotional code buy zofran online amazon i pill cabana website prescription can you buy nizoral shoppers drug mart canada careers pamelor uk next day delivery remedio cloridrato de ciprofloxacino yasminelle online bestellen over the counter caverta buy trandate from canada side effects of arava medication donde comprar acai berry colombia side effects of erythromycin buy glucophage with paypal diclofenac 100 mg dosage depakote in the uk now very cheap metformin canada order cialis jelly how to order aristocort online vytorin pill shortage order tretinoin online no presctiption generic ginette-35 what is diclofenac in plo gel used for buy depakote us valproic pariet side effects long term use half price relafen what does pariet do where can i get some xeloda zyrtec forum prescription online without jessica;s pharmacy nuevo progreso mexico is horde better than alliance pvp cialis professional over the counter canada buy himcolin claravis 30 mg capsule medrol rx zolpidem overdose treatment online no prescription uk for viagra soft benadryl dose for children 2 years old buy arava hong kong propecia over the counter levlen pill cost ordering rumalaya forte here in canada metformin xr maximum dose lincocin order online generic trileptal effective atrovent tablets online purchase suprax 400mg skelaxin looking for advair diskus max dose colchicine medication online what is yasmin birth control pills cymbalta generic for generic from brand advair diskus canada drugs florinef with prescription cheap buspar 5mg buy finasteride 1 mg no prescription provera canada to buy liposafe herbal medicine back pain different asthma inhalers female viagra daily use reviews good reviews on topamax best price for antabuse inderal generic wikipedia drugs kamagra gold uses medication generic lexapro cost with insurance buy cozaar mg best place to buy crestor in mexico pastillas cialis y alcohol buy cialis dapoxetine kamagra now review singulair medication generic cheap prescription needed generic calan best mexican pharmacies medicine can youtube buy cialis super active in ireland online pill store doryx coupon 100 mg actos now co uk buy atorlip-5 visa citalopram online meds can you only get strattera on prescription pill rx health buspar products mirapex in the uk buy topical spironolactone uk buy accutane 40 mg online prescription tadalis sx visa get arava toronto what is the difference between minocin and minocycline pyridium oral tablet 200 mg information vente de cialis au quebec side effects of cymbalta and wellbutrin buy nexium no prescription always acheter pas cher celebrex buy periactin hong kong without antiallergic hard get viagra prescription is viagra a prescription drug cholestoplex from china purchase generic ethionamide does generic zoloft make you gain weight hyaluronic acid research grade phenergan pills dose buy rumalaya forte hong kong what is provera tablets used for price of tamoxifen in canada bystolic without rx can you buy aricept over the counter in germany prevacid tablets over the counter viagra wholesale india doxycycline hyclate 100mg capsules side effects buy viagra with paypal approved floxin complications bupropion side effects anger sales@newheathyman.com duloxetine side effects libido para que se usa el bactrim ds piroxicam capsules dissolution side effects of voveran injection generic name for lisinopril hctz generic adalat 50 cheap drugs to get high pyridium lowest cost discount buy diclofenac sodium online buy metoclopramide paypal online tretinoin 0,025 india is actonel legal in uk over the counter medicine for flonase order elocon prescription cash zyprexa price walmart viagra jellyfish sale cialis where can i buy cheap drugstore makeup flonase tablets 40mg para que es omifin neurontin fast usa canadian pharmacy spam unsubscribe buy venlor bulk pet insurance for older dogs diclofenac brand name uk lioresal prescription only discount canadian pharmacy purim diamox generic 2013 drugs best price on alii capsules worldwide pharmacy port louis bentyl discount voucher