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MARTIN v. NATIONAL LEAGUE BASEBALL CLUB

No. 259, Docket 21340.

174 F.2d 917 (1949)

MARTIN et al. v. NATIONAL LEAGUE BASEBALL CLUB.

United States Court of Appeals Second Circuit.

June 2, 1949.

Attorney(s) appearing for the Case

John L. Flynn, New York City, for plaintiffs.

Baker, Hostetler & Patterson, Cleveland, Ohio, Willkie, Owen, Farr, Gallagher & Walton and E. P. Feeley, New York City, Mark F. Hughes, New York City, argued, for defendants.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.

L. HAND Chief Judge.

This is an appeal from an order denying an injunction, pendente lite, in an action under the Anti-Trust Acts, 15 U.S. C.A. §§ 1-3, 13-15, to restore the plaintiffs' to their privileges as baseball players and for damages for their exclusion from "organized baseball." It is a sequel of our decision in Gardella v. Chandler,1 in which a majority of the court held that the complaint set out a claim under the...

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