BIDWILL v. GARVEY

Nos. 91-2308 to 91-2310.

943 F.2d 498 (1991)

William V. BIDWILL; James Kensil; Michael Lynn, Individually and as members of the Retirement Board of the Bert Bell NFL Player Retirement Plan appointed by the National Football League Management Council pursuant to section 8.1(B) of the Plan, Plaintiffs-Appellants, National Football League Management Council; The Five Smiths, Inc., d/b/a Atlanta Falcons; Buffalo Bills, Inc., d/b/a Buffalo Bills; Chicago Bears Football Club, Inc., d/b/a Chicago Bears; Cincinnati Bengals, Inc., d/b/a Cincinnati Bengals; Cleveland Browns, Inc., d/b/a Cleveland Browns; Dallas Cowboys Football Club, Inc., d/b/a Dallas Cowboys; PDB Sports, Ltd., d/b/a Denver Broncos; The Detroit Lions, Inc., d/b/a Detroit Lions; The Green Bay Packers, Inc., d/b/a Green Bay Packers; Houston Oilers, Inc., d/b/a Houston Oilers; Indianapolis Colts, Inc., d/b/a Indianapolis Colts; Kansas City Chiefs Football Club, Incorporated, d/b/a Kansas City Chiefs; The Los Angeles Raiders, Ltd., d/b/a Los Angeles Raiders; Los Angeles Rams Football Company, Inc., d/b/a Los Angeles Rams; Miami Dolphins, Ltd., d/b/a Miami Dolphins; Minnesota Vikings Football Club, Inc., d/b/a Minnesota Vikings; New England Patriots Football Club, Inc., d/b/a New England Patriots; The New Orleans Saints, d/b/a New Orleans Saints; New York Football Giants, Inc., d/b/a New York Giants; New York Jets Football Club, Inc., d/b/a New York Jets; The Philadelphia Eagles Football Club, Inc., d/b/a Philadelphia Eagles; Pittsburgh Steelers Sports, Inc., d/b/a Pittsburgh Steelers; Chargers Football Company, d/b/a San Diego Chargers; San Francisco Forty-Niners, Ltd., d/b/a San Francisco 49ers; Seattle Professional Football, d/b/a Seattle Seahawks; St. Louis Football Cardinals Co., d/b/a St. Louis Cardinals; Tampa Bay Area NFL Football, Inc., d/b/a Tampa Bay Buccaneers; Pro-Football, Inc., d/b/a Washington Redskins, Defendants-Appellants, v. Edward R. GARVEY; Tom Condon; Danny M. Jiggets, Individually and as members of the Retirement Board of the Bert Bell NFL Player Retirement Plan appointed by the National Football League Players Association pursuant to section 8.1(A) of the Plan, Defendants-Appellees, and National Football League, Defendant. Edward R. GARVEY; Tom Condon; Danny M. Jiggets, Individually and as members of the Retirement Board of the Bert Bell NFL Player Retirement Plan appointed by the National Football League Players Association pursuant to section 8.1(A) of the Plan, Plaintiffs-Appellees, v. NATIONAL FOOTBALL LEAGUE, Defendant-Appellant, and National Football League Management Council; The Five Smiths, Inc., d/b/a Atlanta Falcons; Buffalo Bills, Inc., d/b/a Buffalo Bills; Chicago Bears Football Club, Inc., d/b/a Chicago Bears; Cincinnati Bengals, Inc., d/b/a Cincinnati Bengals; Cleveland Browns, Inc., d/b/a Cleveland Browns; Dallas Cowboys Football Club, Inc., d/b/a Dallas Cowboys; PDB Sports, Ltd., d/b/a Denver Broncos; The Detroit Lions, Inc., d/b/a Detroit Lions; The Green Bay Packers, Inc., d/b/a Green Bay Packers; Houston Oilers, Inc., d/b/a Houston Oilers; Indianapolis Colts, Inc., d/b/a Indianapolis Colts; Kansas City Chiefs Football Club, Inc., d/b/a Kansas City Chiefs; The Los Angeles Raiders, Ltd., d/b/a Los Angeles Raiders; Los Angeles Rams Football Company, Inc., d/b/a Los Angeles Rams; Miami Dolphins, Ltd., d/b/a Miami Dolphins; Minnesota Vikings Football Club, Inc., d/b/a Minnesota Vikings; New England Patriots Football Club, Inc., d/b/a New England Patriots; The New Orleans Saints, d/b/a New Orleans Saints; New York Football Giants, Inc., d/b/a New York Giants; New York Jets Football Club, Inc., d/b/a New York Jets; The Philadelphia Eagles Football Club, Inc., d/b/a Philadelphia Eagles; Pittsburgh Steelers Sports, Inc., d/b/a Pittsburgh Steelers; Chargers Football Company, d/b/a San Diego Chargers; San Francisco Forty-Niners, Ltd.; Seattle Professional Football, d/b/a Seattle Seahawks; St. Louis Football Cardinals Co., d/b/a St. Louis Cardinals; Tampa Bay Area NFL Football, Inc., d/b/a Tampa Bay Buccaneers; Pro-Football, Inc., d/b/a Washington Redskins, Defendants. Edward R. GARVEY; Tom Condon; Danny M. Jiggets, Individually and as members of the Retirement Board of the Bert Bell NFL Player Retirement Plan appointed by the National Football League Players Association pursuant to section 8.1(A) of the Plan, Plaintiffs-Appellees, v. NATIONAL FOOTBALL LEAGUE, Defendant-Appellant, and National Football League Management Council; The Five Smiths, Inc., d/b/a Atlanta Falcons; Buffalo Bills, Inc., d/b/a Buffalo Bills; Chicago Bears Football Club, Inc., d/b/a Chicago Bears; Cincinnati Bengals, Inc., d/b/a Cincinnati Bengals; Cleveland Browns, Inc., d/b/a Cleveland Browns; Dallas Cowboys Football Club, Inc., d/b/a Dallas Cowboys; PDB Sports, Ltd., d/b/a Denver Broncos; The Detroit Lions, Inc., d/b/a Detroit Lions; The Green Bay Packers, Inc., d/b/a/ Green Bay Packers; Houston Oilers, Inc., d/b/a Houston Oilers; Indianapolis Colts, Inc., d/b/a Indianapolis Colts; Kansas City Chiefs Football Club, Inc., d/b/a Kansas City Chiefs; The Los Angeles Raiders, Ltd., d/b/a Los Angeles Raiders; Los Angeles Rams Football Company, Inc., d/b/a Los Angeles Rams; Miami Dolphins, Ltd., d/b/a Miami Dolphins; Minnesota Vikings Football Club, Inc., d/b/a Minnesota Vikings; New England Patriots Football Club, Inc., d/b/a New England Patriots; The New Orleans Saints, d/b/a New Orleans Saints; New York Football Giants, Inc., d/b/a New York Giants; New York Jets Football Club, Inc., d/b/a New York Jets; The Philadelphia Eagles Football Club, Inc., d/b/a Philadelphia Eagles; Pittsburgh Steelers Sports, Inc., d/b/a Pittsburgh Steelers; Chargers Football Company, d/b/a San Diego Chargers; San Francisco Forty-Niners, Ltd., d/b/a San Francisco 49ers; Seattle Professional Football, d/b/a Seattle Seahawks; St. Louis Football Cardinals Co., d/b/a St. Louis Cardinals; Tampa Bay Area NFL Football, Inc., d/b/a Tampa Bay Buccaneers; Pro-Football, Inc., d/b/a Washington Redskins, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1991.

As Amended October 28, 1991.


Attorney(s) appearing for the Case

Lee Thomas Ellis, Jr., Baker & Hostetler, College Park, Md., argued (Jeffery Pash, Covington & Burling, Washington, D.C., Sargent Karch, Leonard H. Freiman, Douglas E. Lee, Baker & Hostetler, Washington, D.C., George Beall, Hogan & Hartson, Baltimore, Md., on the brief), for plaintiffs-appellants.

Joseph Andrew Yablonski, Yablonski, Both & Edelman, Washington, D.C., argued (Daniel B. Edelman, John F. Colwell, Yablonski, Both & Edelman, Washington, D.C., Robert V. Atmore, Luke H. Terhaar, Lindquist & Vennum, Minneapolis, Minn., on the brief), for defendants-appellees.

Before WILKINSON, Circuit Judge, CHAPMAN, Senior Circuit Judge, and HILTON, District Judge for the Eastern District of Virginia, sitting by designation.


OPINION

WILKINSON, Circuit Judge:

This case arises from a protracted dispute among trustees of a pension plan for professional football players. The trustees chosen by the football players and those chosen by the club owners have been unable to agree on, among other things, the scope of their powers, the interpretation of their authorizing document and the amount of money the clubs owe to the pension fund. The district court held that the football clubs...

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