NEELD v. NATIONAL HOCKEY LEAGUE

Civ. No. 77-32.

439 F.Supp. 446 (1977)

Gregory P. NEELD, Plaintiff, v. NATIONAL HOCKEY LEAGUE, a nonprofit unincorporated association, Atlanta Hockey, Inc., a Georgia Corporation, Storer Broadcasting, Inc., a Florida Corporation, Niagara Frontier Hockey Corporation, a New York Corporation, Chicago Black Hawks Hockey Team, Inc., an Illinois Corporation, Detroit Red Wings Hockey Club, Inc., a Michigan Corporation, California Sports, Inc., a California Corporation, Northstar Financial Corporation, a Minnesota Corporation, Club de Hockey Canadian, a Canadian Corporation, Nassau Sports Limited, a limited partnership, Madison Square Garden Center, Inc., a New York Corporation, Philadelphia Hockey Club, Inc., a Pennsylvania Corporation, Pittsburgh Penguins, Inc., a Pennsylvania Corporation, Missouri Arena Corporation, a Missouri Corporation, Harold E. Ballard, a sole proprietorship, Vancouver Hockey Club, Ltd., a Canadian Corporation, Washington Capitals Hockey Club, a limited partnership, H & L Partnership, a Colorado limited partnership, Defendants.

United States District Court, W. D. New York.

September 19, 1977.


Attorney(s) appearing for the Case

Daniel S. Mason, Furth, Fahrner & Wong, San Francisco, Cal., Robert J. Salomon, Fudeman & Renaldo, Buffalo, N. Y., for plaintiff.

Bingham B. Leverich, Covington & Burling, Washington, D. C., Brian F. Toohey, Cohen, Swados, Wright, Hanifin, Bradford & Brett, Buffalo, N. Y., for defendants.


MEMORANDUM and ORDER

ELFVIN, District Judge.

This is the second action filed by plaintiff Gregory P. Neeld, an individual who has sight in only one eye, against the National Hockey League ("NHL") and its member franchises. Section 12.6 of the NHL By-Laws provides that:

"A player with only one eye, or one of whose eyes has a vision of only three-sixtieths (3-60ths) or under, shall not be eligible to play for a Member Club."

In June of 1975...

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