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FLEER CORP. v. TOPPS CHEWING GUM, INC.

Nos. 80-2537 to 80-2539 and 81-1104.

658 F.2d 139 (1981)

FLEER CORPORATION, Appellant in Nos. 80-2537, 81-1104 and Appellee in Nos. 80-2538, 80-2539, v. TOPPS CHEWING GUM, INC., et al., Major League Baseball Players Association, Topps Chewing Gum, Inc., Appellee in Nos. 80-2537, 81-1104 and Appellant in No. 80-2538, Major League Baseball Players Association, Appellee in Nos. 80-2537, 81-1104 and Appellant in No. 80-2539.

United States Court of Appeals, Third Circuit.

Decided August 25, 1981.

Rehearing and Rehearing Denied October 22, 1981.

Attorney(s) appearing for the Case

Bernard G. Segal (argued), James D. Crawford, Arlene Fickler, David G. Battis, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Sidney Harris, New York City, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., for Topps Chewing Gum, Inc.

Harold F. McGuire, Jr. (argued), Walter Barthold, Barthold & McGuire, New York City, Norman M. Berger, Galfand, Berger, Senesky, Lurie & March, Philadelphia, Pa., Donald M. Fehr, New York City, for Major League Baseball Players Ass'n.

Matthew M. Strickler (argued), Linda S. Martin, Frederick L. Ballard, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for Fleer Corp.

Before GIBBONS, HUNTER and GARTH, Circuit Judges.

Rehearing and Rehearing In Banc Denied October 22, 1981.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This case involves the production and sale of major league baseball trading cards in alleged violation of sections 1 and 2 of the Sherman Act. 15 U.S.C. §§ 1 & 2 (1976). Appellee, Fleer, commenced suit in 1975 against appellants, Topps, and the Major League Baseball Players Association (MLBPA), claiming that appellants excluded...

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