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COLORADO HIGH SCHOOL ACTIVITIES ASS'N v. NFL

No. 81-2278.

711 F.2d 943 (1983)

COLORADO HIGH SCHOOL ACTIVITIES ASSOCIATION, an unincorporated association; Boulder Valley School District No. RE-2, a body corporate; and Jefferson County School District No. R-1, a body corporate, Plaintiffs-Appellants, v. NATIONAL FOOTBALL LEAGUE, an unincorporated association; Pete Rozelle, in his official capacity as Commissioner of the National Football League; CBS Inc., a corporation; National Broadcasting Company, Inc., a corporation; McGraw-Hill Broadcasting Company, Inc., a corporation; and General Electric Broadcasting Company of Colorado, Inc., a corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 5, 1983.

Attorney(s) appearing for the Case

Gerald A. Caplan, Boulder, Colo. (Alexander Halpern, Boulder, Colo., with him on the brief) of Caplan & Earnest, Boulder, Colo., for plaintiffs-appellants.

Gordon G. Greiner, Denver, Colo. (Peter C. Houtsma, with him on brief) of Holland & Hart, Denver, Colo., for CBS Inc. and McGraw Hill-Broadcasting Co., Inc., for defendants-appellees.

Jeffrey H. Howard and Donald E. Phillipson of Davis, Graham & Stubbs, Washington, D.C., filed a brief for defendants-appellees Nat. Football League and Pete Rozelle.

James C. Ruh of Ireland, Stapleton & Pryor, P.C., Denver, Colo., and H. Richard Schumacher of Cahill Gordon & Reindell, New York City, filed a brief for defendant-appellee Nat. Broadcasting Co., Inc.

Before SETH, Chief Judge, SEYMOUR and TIMBERS, Circuit Judges.

SEYMOUR, Circuit Judge.

Plaintiffs Colorado High School Activities Association, Boulder Valley School District No. RE-2, and Jefferson County School District No. R-1 (hereinafter collectively referred to as CHSAA) brought this action alleging that defendants' television broadcasts of particular professional football games in 1977, 1978, and 1979 were antitrust violations under section 2 of the Sherman Act, 15 U.S.C. § 2 (1976), and the Colorado Restraint of Trade...

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