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CALDWELL v. AMERICAN BASKETBALL ASS'N, INC.

No. 744, Docket 94-7147.

66 F.3d 523 (1995)

Joe L. CALDWELL, Plaintiff-Appellant, v. The AMERICAN BASKETBALL ASSOCIATION, INC.; The Spirits of St. Louis Basketball Club, a limited partnership; Ozzie Silna; Daniel Silna; Harry Weltman; Donald Schupak; and Tedd Munchak, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 21, 1995.

Attorney(s) appearing for the Case

Philip J. Shea, Phoenix, AZ (Shea & Wilks, Phoenix, AZ, of counsel), for plaintiff-appellant.

Jack David, New York City (Steven Finell, David C. Berg, Siller, Wilk & Mencher, New York City, of counsel), for defendants-appellees The Spirits of St. Louis Basketball Club, Daniel Silna and Donald Schupak.

Herbert Teitelbaum, New York City (Teitelbaum, Hiller, Rodman, Paden & Hibsher, P.C., of counsel), for defendant-appellee Tedd Munchak.

Before MESKILL, WINTER and McLAUGHLIN, Circuit Judges.

WINTER, Circuit Judge:

Joe L. Caldwell appeals from Judge Sand's grant of summary judgment, Caldwell v. American Basketball Ass'n, 825 F.Supp. 558 (S.D.N.Y.1993), dismissing his complaint. The complaint alleged that the various appellees violated the Sherman Act, 15 U.S.C. § 1 et seq., by conspiring to prevent him from playing professional basketball and by attempting to monopolize the market for professional...

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