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PORTSMOUTH BASEBALL CORPORATION v. FRICK

No. 195, Docket 25659.

278 F.2d 395 (1960)

PORTSMOUTH BASEBALL CORPORATION, Plaintiff-Appellant, v. Ford C. FRICK, Commissioner of Baseball; Baltimore Baseball Club, Inc., et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided May 6, 1960.

Attorney(s) appearing for the Case

James P. McGranery, Washington, D. C. (Leonard J. Emmerglick, Washington, D. C. and Garey & Garey, New York City, on the brief), for appellant.

Mark F. Hughes, New York City, (Baker, Hostetler & Patterson, Cleveland, Ohio, and Willkie Farr Gallagher Walton & Fitzgibbon, New York City, on the brief), for appellees.

Before MOORE, Circuit Judge, and SMITH and HERLANDS, District Judges.

HERLANDS, District Judge.

The question posed upon this appeal is: Does the broadcasting and telecasting of Major League baseball games into Minor League territory constitute an act of occupation or appropriation of such Minor League territory by the Major League teams, within the meaning of a certain agreement regulating the competitive territories between the Major and Minor Leagues and their teams? The issue is one of contract interpretation.

This breach...

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