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LEVIN v. NATIONAL BASKETBALL ASSOCIATION

No. 73 Civ. 561.

385 F.Supp. 149 (1974)

Irving H. LEVIN and Harold A. Lipton, Plaintiffs, v. NATIONAL BASKETBALL ASSOCIATION, et al., Defendants.

United States District Court, S. D. New York.

October 8, 1974.

Attorney(s) appearing for the Case

Seymour F. Simon, Chicago, Ill., for plaintiffs.

David J. Stern, George G. Gallantz, Donald A. Kaplan, Jeffrey A. Mishkin, Proskauer Rose Goetz & Mendelsohn, New York City, for defendants.

OPINION

OWEN, District Judge.

In this antitrust action, defendants move for summary judgment dismissing the complaint and plaintiffs cross-move for partial summary judgment on all issues except damages.

The plaintiffs, two businessmen, in 1972 had an agreement to buy the Boston Celtics basketball team, one of the 17-member National Basketball Association.

N.B.A., as its constitution recites, is a joint venture "organized to operate a league...

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