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NEW ENGLAND, ETC. v. UNIVERSITY OF COLORADO

No. 79-1043.

592 F.2d 1196 (1979)

NEW ENGLAND PATRIOTS FOOTBALL CLUB, INC., Plaintiff, Appellee, v. UNIVERSITY OF COLORADO et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 9, 1979.

Attorney(s) appearing for the Case

Earle C. Cooley, Boston, Mass., with whom Neil H. Jacobs, and Hale & Dorr, Boston, Mass., were on brief, for defendants, appellants.

John H. Blish, Providence, R. I., with whom Robert G. Flanders, Jr., and Edwards & Angell, Providence, R. I., were on brief, for plaintiff, appellee.

John C. Russell, Lawrence Kill, Anderson, Russell, Kill & Olick, P. C., Steven M. Pesner, John E. Daniel, and Andrew P. Brozman, New York City, on brief for Charles L. Fairbanks, amicus curiae.

Before ALDRICH, Circuit Judge, MURRAY and DEVINE, District Judges.

ALDRICH, Senior Circuit Judge.

In 1973 one Charles L. Fairbanks contracted with plaintiff New England Patriots Football Club, a professional football organization and member of the National Football League, to act as its manager and head coach. By later agreement the employment was to continue until January, 1983. The contract contained a provision that Fairbanks was not to provide services connected with football to any...

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