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TEPLER v. FRICK

No. 208, Docket 22611.

204 F.2d 506 (1953)

TEPLER v. FRICK et al.

United States Court of Appeals Second Circuit.

Decided May 1, 1953.

Attorney(s) appearing for the Case

Frederic A. Johnson, William M. Kunstler and Michael J. Kunstler, New York City, for appellant.

Willkie, Owen, Farr, Gallagher & Walton, New York City, Sidley, Austin, Burgess & Smith, Chicago, Ill., and Baker, Hostetler & Patterson, Cleveland, Ohio, for Ford C. Frick, Chicago National League Ball Club and Cleveland Baseball Co., appellees.

Shearman & Sterling & Wright, New York City, Willard M. L. Robinson, New York City, and Winston, Strawn, Black & Towner, Chicago, Ill. (John A. Wilson and MacIlburne Van Voorhies, New York City, of counsel), for Wm. Wrigley Jr. Co., appellee.

Thayer & Gilbert, New York City, Harold A. Segall, New York City (Edgar C. Morrison, New York City, of counsel), for Philip K. Wrigley, appellee.

Before SWAN, Chief Judge, and CHASE and CLARK, Circuit Judges.

PER CURIAM.

The plaintiff is a baseball pitcher who overworked his arm in 1944, while pitching for a minor league club in Tennessee. His verbose complaint purports to allege five claims or causes of action, one based apparently on negligence and four on violation of the anti-trust laws. The claim founded on negligence is obviously barred by limitations whether the applicable statute be that of Tennessee or of New York. The treble damage claims founded on the theory...

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