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DRISKILL v. DALLAS COWBOYS FOOTBALL CLUB, INC.

No. 73-2659.

498 F.2d 321 (1974)

Richard E. DRISKILL, Plaintiff-Appellant, v. DALLAS COWBOYS FOOTBALL CLUB, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 9, 1974.

Attorney(s) appearing for the Case

William E. Skye, Alexandria, La., Carl J. Schmolder, Dallas, Tex., for plaintiff-appellant.

Marshall Simmons, William D. Sims, Jr., Dallas, Tex., for Dallas Cowboys, Leage & Rozell.

Don Rorschach, City Atty., Irving, Tex., Robert W. Smith, Dallas, Tex., for City of Irving, Tex.

Rayford Price, Dallas, Tex., for defendants-appellees.

Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.

THORNBERRY, Circuit Judge:

Driskill brought this action under § 1 of the Sherman Anti-Trust Act, 15 U.S. C.A. § 1, alleging that the Cowboys and the City of Irving have established an illegal "tying" arrangement, requiring the purchase of undesirable items—preseason tickets and low-interest stadium bonds—as a condition for the purchase of the desirable item—the season ticket package, with its attendant preferential seating location,...

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