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U.S. FOOTBALL LEAGUE v. NATIONAL FOOTBALL LEAGUE

No. 1265, Docket 89-7243.

887 F.2d 408 (1989)

UNITED STATES FOOTBALL LEAGUE, Arizona Outlaws, Baltimore Stars Football Associates, Birmingham Stallions, Ltd., Chicago USFL Limited Partnership, Chicago Football Franchise Limited Partnership, Denver Gold Sports, Inc., Houston Gamblers, Ltd., IMI Express, Inc., Jax Professionals, Inc., LAEFC, Ltd., Memphis Showboats, Ltd., Football Generals, Inc., Bay Area Football Partners Ltd., Breakers Limited Partnership, South Texas Sports, Inc., and Orlando Football Partners, Inc., Plaintiffs-Appellees, v. NATIONAL FOOTBALL LEAGUE, The Five Smiths, Inc., Indianapolis Colts, Inc., Buffalo Bills, Inc., Chicago Bears Football Club, Inc., Cincinnati Bengals, Inc., Cleveland Browns, Inc., Dallas Cowboys Football Club, Inc., Rocky Mountain Empire Sports, Inc., The Detroit Lions, Inc., Green Bay Packers, Inc., Houston Oilers, Inc., Los Angeles Rams Football Company, Minnesota Vikings Football Company, Minnesota Vikings Football Club, Inc., New England Patriots Football Club, Inc., New Orleans Saints Louisiana Partnership, New York Football Giants, Inc., New York Jets Football Club, Inc., The Philadelphia Eagles Football Club, Inc., Pittsburgh Steelers Sports, Inc., St. Louis Football Cardinals Co., Chargers Football Company, San Francisco Forty-Niners, Ltd., Tampa Bay Area NFL Football, Inc., Pro-Football Club, Inc., Miami Dolphins, Ltd., Seattle Professional Football and Alvin R. Rozelle, individually and as Commissioner of the National Football League, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 10, 1989.

Attorney(s) appearing for the Case

Frank Rothman, New York City (William H. Mulligan, Barry H. Garfinkel, Shepard Goldfein, Skadden, Arps, Slate, Meagher & Flom, L. Gordon Harriss, Davis Polk & Wardwell, New York City, Paul T. Tagliabue, Covington & Burling, Washington, D.C., of counsel), for defendants-appellants.

Harvey D. Myerson, New York City (Mark E. Segall, Douglas R. Pappas, Myerson & Kuhn, New York City, of counsel), for plaintiffs-appellees.

Before MESKILL and PIERCE, Circuit Judges, and TENNEY, District Judge.

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Leisure, J., awarding plaintiffs-appellees the United States Football League and certain of its member clubs (hereinafter collectively referred to as "the USFL") $5,529,247.25 in attorney's fees against defendants-appellants the National Football League and certain of its member clubs (hereinafter collectively referred to as ...

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