BD. OF REG. OF U. OF OKL. v. NAT. COL. ATHL. ASS'N

No. 82-2148.

707 F.2d 1147 (1983)

The BOARD OF REGENTS OF the UNIVERSITY OF OKLAHOMA, a public body corporate, and the University of Georgia Athletic Association, a nonprofit corporation, Plaintiffs-Appellees, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 23, 1983.


Attorney(s) appearing for the Case

Frank H. Easterbrook, Chicago, Ill. (Robert H. Harry of Davis, Graham & Stubbs, Denver, Colo., George H. Gangwere and Richard K. Andrews of Swanson, Midgley, Gangwere, Clarke & Kitchin, Kansas City, Mo., and James D. Fellers of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl., with him on the briefs), for defendant-appellant.

Andrew Coats and Clyde A. Muchmore, Oklahoma City, Okl. (Harvey D. Ellis, Jr., of Crowe & Dunlevy, Oklahoma City, Okl., and Stanley M. Ward, Chief Legal Counsel, University of Oklahoma, Norman, Okl., with them on the brief), for plaintiffs-appellees.

Abbott B. Lipsky, Jr., Acting Asst. Atty. Gen. and Barry Grossman and Neil R. Ellis, Attys., Dept. of Justice, Washington, D.C., filed a brief for the United States of America, as amicus curiae.

Lionel Kestenbaum, Larry D. Sharp, and Gary J. Smith, of Bergson, Borkland, Margolis & Adler, Washington, D.C., filed a brief for ABC Sports, Inc., as amicus curiae.

J. Laurent Scharff, Philip L. Verveer, Judith L. Harris, Jack N. Goodman, and John L. McGrew, of Pierson, Ball & Dowd, Washington, D.C., filed a brief for Ass'n of Independent Television Stations, Inc., as amicus curiae.

Herbert O. Reid, Howard University School of Law, Washington, D.C., and Alvin O. Chambliss, Oxford, Miss., filed briefs for Nat. Ass'n for Equal Educ. Opportunity, Inc., Nat. Black Media Coalition, Inc., Nat. Conference of Black Lawyers, Viewers of the South, and Black Mississippians Council on Higher Educ., as amicus curiae.

Gerald A. Caplan and Alexander Halpern of Caplan & Earnest, Boulder, Colo., filed a brief for the Nat. Federation of State High School Associations, as amicus curiae.

Before BARRETT, LOGAN, and SEYMOUR, Circuit Judges.


LOGAN, Circuit Judge.

This is an appeal from a district court judgment holding the football television regulations of the National Collegiate Athletic Association to be in violation of sections 1 and 2 of the Sherman Act and invalidating contracts entered into between the NCAA and ABC Sports, Inc., CBS Sports, Inc., and Turner Broadcasting System, Inc. The plaintiffs-appellees are The Board of Regents of the University of Oklahoma and The University of Georgia Athletic...

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