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BLAKE v. FRICK

20 Misc.2d 520 (1959)

Edward Blake et al., on Behalf of Themselves and on Behalf of All Members of the International League Baseball Players' Association Similarly Situated, Plaintiffs, v. Ford C. Frick, Individually and as Commissioner of Baseball, et al., Defendants.

Supreme Court, Special Term, New York County.

August 7, 1959.

Attorney(s) appearing for the Case

Willkie Farr Gallagher Walton & Fitz Gibbon for Ford C. Frick, defendant.

Moser, Johnson & Reif for Rochester Community Baseball, Inc., defendant.

McMahon & Crotty for Buffalo Bisons Baseball Club, Inc., defendant.

Lewis, Durante & Bartel (James P. Durante and Frederick E. Smithline of counsel), for plaintiffs.

CHARLES A. LORETO, J.

Defendants move for an order requiring the plaintiffs to separately state and number causes of action, to eliminate from the complaint references to the plaintiffs that they are acting in a representative capacity, and for a dismissal of the complaint pursuant to rules 106, 107 and 212 of the Rules of Civil Practice.

The plaintiffs are two professional baseball players in the International...

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