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HERTEL v. CITY OF PONTIAC

Civ. No. 78-71357.

470 F.Supp. 603 (1979)

John C. HERTEL and George F. Killeen, Plaintiffs, v. CITY OF PONTIAC, City of Pontiac Stadium Authority, Detroit Lions, Inc., William G. Milliken, as Governor of the State of Michigan, Loren E. Monroe, as Treasurer of the State of Michigan, and National Football League, Defendants.

United States District Court, E. D. Michigan, S. D.

May 4, 1979.

Attorney(s) appearing for the Case

Martin T. Mayden, Detroit, Mich., for plaintiffs.

Alger H. Strom, Deputy City Atty., Dept. of Law, Pontiac, Mich., for two city defendants.

James R. Buschmann, Bodman, Longley & Dahling, Detroit, Mich., Daniel H. Margolis, James R. Loftis, III, Eric J. Branfman, Bergson, Brokland, Margolis & Adler, Washington, D. C., for defendant Detroit Lions.

George H. Weller, Asst. Atty. Gen., Frank J. Kelley, Atty. Gen., Lansing, Mich., for two state defendants.

John R. Dykema, Nancy Garlock Edmunds, Dykema, Gossett, Spencer, Goodnow & Trigg, Detroit, Mich., Hamilton Carothers, Paul Tagliabue, John J. McKetta, III, Covington & Burling, Washington, D. C. (general counsel), for defendant NFL.

MEMORANDUM OPINION

CHURCHILL, District Judge.

The plaintiffs in this action, two Michigan residents who reside in the metropolitan Detroit area, challenge the constitutionality of defendant National Football League's (NFL) "home" blackout rule. This rule prohibits television broadcasts of "home" football games in areas within 75 miles of the "home" stadium. Defendant Detroit Lions, Inc. is a franchise member of the NFL. The plaintiffs assert that the "home...

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