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HAWKINS v. NATIONAL BASKETBALL ASSOCIATION

Civ. A. No. 66-1320.

295 F.Supp. 103 (1969)

Cornelius HAWKINS, a/k/a Connie Hawkins, Plaintiff, v. NATIONAL BASKETBALL ASSOCIATION, an unincorporated association, J. Walter Kennedy, individually and as President of the National Basketball Association, Zollner Corporation, a corporation, Cincinnati Basketball Club Co., a corporation, California Sports, Incorporated, a corporation, Madison Square Garden Corporation, a corporation, St. Louis Hawks Basketball Club, Inc., a corporation, the Baltimore Bullets Basketball Club, Inc., a corporation, and RIKO Enterprises, Inc., a corporation, Defendants.

United States District Court W. D. Pennsylvania.

January 23, 1969.

Attorney(s) appearing for the Case

Roslyn M. Litman, and Howard A. Specter, of Litman, Litman & Harris, Pittsburgh, Pa., for plaintiff.

John G. Buchanan, Jr., of Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., for defendants.

OPINION AND ORDER

MARSH, District Judge.

The defendants have filed a motion pursuant to § 1404(a), 28 U.S.C., to transfer this private anti-trust action to the Southern District of New York.1 The action might have been brought in that district since all defendants were transacting business therein. In my judgment the motion should be denied.

In anti-trust actions the defendants must show a preponderant balance of...

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