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ROBERTSON CLASS PLAINTIFFS v. NAT. BASKETBALL

Nos. 519, 520, 594, Dockets 79-7668, 79-7689 and 79-7736.

625 F.2d 407 (1980)

In the Matter of ROBERTSON CLASS PLAINTIFFS and National Basketball Players Association, Petitioners-Appellees, v. NATIONAL BASKETBALL ASSOCIATION, Lawrence O'Brien and Seattle Supersonics, Respondents-Appellants, New York Knickerbockers, Intervenor-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 11, 1980.

Attorney(s) appearing for the Case

David J. Stern, Gen. Counsel, N. B. A., New York City (George G. Gallantz, Jeffrey A. Mishkin, Proskauer, Rose, Goetz & Mendelsohn, and Russell T. Granik, Asst. Gen. Counsel, N. B. A., New York City, on brief), for respondents-appellants N. B. A.

James W. Quinn, New York City (Irwin H. Warren, Weil, Gotshal & Manges, New York City, on brief), for petitioners-appellees.

Louis Nizer, New York City (Paul Martinson, Sidney D. Bluming, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, on brief), for intervenor-appellee and cross-appellant New York Knickerbockers.

Before OAKES, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

NEWMAN, Circuit Judge:

This appeal presents some novel questions concerning the relationship between private and judicial decision-making. The questions arise in the context of a dispute concerning the amount of compensation that a professional basketball team should pay to another team when signing a player who has completed his contract with that other team. Our primary problem is to determine the appropriate roles of the Commissioner of the National Basketball...

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