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MUNCHAK CORPORATION v. CUNNINGHAM

No. 71-1984.

457 F.2d 721 (1972)

The MUNCHAK CORPORATION and RDG Corporation, a joint venture d/b/a The Carolina Cougars, Appellants, v. William John CUNNINGHAM, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1972.

Attorney(s) appearing for the Case

William Zuckerman, Greensboro, N. C. (Forman & Zuckerman, Pros. Atty., Greensboro, N. C., Frank Love, Jr., Randall L. Hughes, and Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., on brief) for appellants.

Bynum M. Hunter, Greensboro, N. C. (Herbert O. Davis, and Smith, Moore, Smith, Schell, & Hunter, Greensboro, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER, Circuit Judge, and CHAPMAN, District Judge.

WINTER, Circuit Judge:

Plaintiffs, the owners and operators of the basketball club "The Carolina Cougars" (the "Cougars"), sued to enjoin defendant, William John Cunningham ("Cunningham"), a professional basketball player, from performing services as a basketball player for any basketball club other than the Cougars in violation of a contract between the Cougars and Cunningham. The district court, finding that Cunningham had contracted to play for the Cougars, nevertheless...

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