STATE v. MILWAUKEE BRAVES, INC.


31 Wis.2d 699 (1966)

STATE, Respondent, v. MILWAUKEE BRAVES, INC., and others, Appellants.

Supreme Court of Wisconsin.

July 27, 1966.


Attorney(s) appearing for the Case

For the appellants there were briefs by Ray T. McCann of Milwaukee, attorney; and Willkie, Farr, Gallagher, Walton & Fitzgibbon of New York, N. Y., attorneys for appellants other than Atlanta Braves, Inc., and Louis F. Carroll, Bowie K. Kuhn, Louis L. Hoynes, Anthony J. Lynch, and Daniel W. Hildebrand, all of New York, N. Y., of counsel; and Winston, Strawn, Smith & Patterson of Chicago, Illinois, attorneys for Atlanta Braves, Inc., and Earl A. Jinkinson, Edward J. Wendrow, and John W. Stack, all of Chicago, Illinois, of counsel; and oral argument by Mr. Jinkinson, Mr. McCann, and Mr. Kuhn.

For the respondent there was a brief by Bronson C. La Follette, attorney general, and George F. Sieker, assistant attorney general; Robert P. Russell, corporation counsel for Milwaukee county; Willard S. Stafford and John A. Hansen, both of Madison, special counsel for the state of Wisconsin; Steven E. Keane and John P. Eppel, both of Milwaukee, special assistant corporation counsel for Milwaukee county; and Louis F. Oberdorfer and Max O. Truitt, Jr., both of Washington, D. C., special counsel for the state of Wisconsin, and oral argument by Mr. La Follette, Mr. Stafford, Mr. Sieker, and Mr. Keane.


FAIRCHILD, J.

It seems crystal clear that under today's structure of organized professional baseball, defendants and the members of the American League have complete power to control participation in major league baseball, and to control the number of teams and the location of their home games; that although the power is shared with the American League, defendants nevertheless have very substantial and effective power of control; that major league baseball, as now...

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