GARDELLA v. CHANDLER

No. 98, Docket 21133.

172 F.2d 402 (1949)

GARDELLA v. CHANDLER.

United States Court of Appeals Second Circuit.

February 9, 1949.


Attorney(s) appearing for the Case

Frederic A. Johnson, of New York City (Frederic A. Johnson, Edward H. Beck, Jr., both of New York City, of counsel), for appellant.

Willkie, Owen, Farr, Gallagher & Walton, of New York City, for appellees.

Baker, Hostetler & Patterson, of Cleveland, Ohio, for appellee William Harridge, individually and as President of The American League of Professional Baseball Clubs, a voluntary unincorporated association.

Hedges, Hoover & Tingley, of Columbus, Ohio, for appellee George M. Trautman, individually and as President of The National Association of Professional Baseball Leagues, described in the complaint herein as "The National Association of Baseball Leagues."

Edgar P. Feeley, of New York City, Raymond Jackson, of Cleveland, Ohio, and Mark F. Hughes, of New York City, for appellee National Exhibition Co.

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


CHASE, Circuit Judge.

The appellant brought this suit to recover treble damages under Secs. 1, 2 and 3 of the Sherman Act, 26 Stat. 209, 15 U.S.C.A. §§ 1, 2 and 3, and under, as stated in the complaint, Secs. 2 and 3 of the Clayton Act, 15 U.S.C.A. §§ 13 and 14. Apparently he relies upon Sec. 4 of the Clayton Act, 38 Stat. 731, 15 U.S.C.A. § 15, and we shall so treat his complaint.

He is a...

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