ROBERTSON v. NATIONAL BASKETBALL ASS'N

Nos. 1177, 721, Docket 76-7442, 76-7451.

556 F.2d 682 (1977)

Oscar ROBERTSON, William Bradley, Joe Caldwell, Archie Clark, Mel Counts, John Havlicek, Donald Kojis, Jon McGlocklin, McCoy McLemore, Thomas Meschery, Jeffry Mullins, Westly Unseld, Richard Van Arsdale and Chester Walker, individually and as representatives of all present and future active players in the National Basketball Association, Plaintiffs-Appellees, Wilton N. Chamberlain, Clifford Ray and Chester Walker, Objectors-Appellants, v. NATIONAL BASKETBALL ASSOCIATION, a joint venture, Madison Square Garden Center, Inc., Madison Square Garden Corporation, Milwaukee Professional Sports & Services, Inc., The Capital Bullets Basketball Club, Inc. (formerly The Baltimore Bullets Basketball Club, Inc.), Riko Enterprises, Inc., Kings Professional Basketball Club, Inc. (formerly Cincinnati Basketball Club Company), Boston Celtic Basketball Club, Inc. (formerly Trans National Communications, Inc.), Detroit Pistons Basketball Company (formerly Zollner Corporation), Atlanta Hawks Basketball, Inc., California Sports, Incorporated, The Chicago Professional Basketball Corporation, Phoenix Professional Basketball Club, Golden State Warriors (formerly San Francisco Warriors), Seattle Supersonics Corporation, Texas Sports Investments, Inc. (formerly San Diego Basketball Club), Buffalo Braves, Inc., Cleveland Professional Basketball Company, Pro Basketball, Inc., New Orleans Professional Basketball Club and American Basketball Association, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 9, 1977.


Attorney(s) appearing for the Case

Steven M. Kramer, Richard G. Phillips, Philadelphia, Pa. (Rogers, Hoge & Hills, New York City, of counsel), for objectors-appellants Walker and Ray.

John H. Boone, San Francisco, Cal. (Geoffrey P. Knudsen, Boone, Schatzel, Hamrick & Knudsen, San Francisco, Cal., Seymour S. Goldberg, Encino, Cal., John H. Cleveland, III, Peter J. McHugh, Hill, Betts & Nash, New York City, of counsel), for objector-appellant Chamberlain.

Peter Gruenberger, New York City (Ira M. Millstein, James W. Quinn, Irwin H. Warren, Weil, Gotshal & Manges, New York City, of counsel), for plaintiffs-appellees.

Michael A. Cardozo, New York City (David J. Stern, Jeffrey A. Mishkin, Richard L. Wasserman, Proskauer, Rose, Goetz & Mendelsohn, New York City, of counsel), for defendants-appellees other than Madison Square Garden Center, Inc. and Madison Square Garden Corp.

Jay Topkis, George P. Felleman, Sidney H. Stein, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendants-appellees Madison Square Garden Center, Inc. and Madison Square Garden Corp.

Robert S. Carlson, William J. McSherry, Jr., Spengler, Carlson, Gubar, Churchill & Brodsky, New York City, Prentiss Q. Yancey, Smith, Cohen, Ringel, Kohler & Martin, Atlanta, Ga., filed brief for American Basketball Ass'n Players Ass'n, American Basketball Ass'n, Long Island Sports, Denver Nuggets, Inc., San Antonio Basketball, Ltd., and Arena Sports, Inc., as amici curiae urging affirmance.

Before OAKES, Circuit Judge, WYZANSKI, and HOLDEN, District Judges.


OAKES, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Robert L. Carter, Judge, approving under Fed.R.Civ.P. 23(e) a settlement of an antitrust class action brought against the professional basketball league known as the National Basketball Association (NBA) and its constituent teams by a class consisting of the 479 individuals who played in the league at some point during the pendency...

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