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NBA v. MINNESOTA PRO. BASKETBALL, LTD. PARTNERSHIP

Nos. 94-2697 MN, 94-2808 MN.

56 F.3d 866 (1995)

NATIONAL BASKETBALL ASSOCIATION; Atlanta Hawks, Ltd.; Capital Bullets Basketball Club, Inc.; Celtics, Limited Partnership; Charlotte NBA, Limited Partnership; Dallas Basketball, Limited; Denver Nuggets, Limited Partnership; Detroit Pistons Basketball Company; Golden State Warriors; Houston Rockets Professional Basketball Club, Ltd.; Jazz Basketball Investors, Inc.; LAC Basketball Club, Inc.; Los Angeles Lakers, Inc.; Madison Square Garden Corporation; Meadowlands Basketball Associates; Miami Heat, Limited Partnership; Milwaukee Bucks, Inc.; Nationwide Advertising Service, Inc.; Orlando Magic, Ltd.; Pacers Basketball Corporation; The Philadelphia 76ers Basketball Club, Inc.; Phoenix Suns, Limited Partnership; Sacramento Kings, Limited Partnership; San Antonio Spurs, Limited; Seattle Supersonics, Inc.; Trail Blazers, Inc., Plaintiffs-Appellees, v. MINNESOTA PROFESSIONAL BASKETBALL, LIMITED PARTNERSHIP; Marvin Wolfenson; Harvey Ratner; Defendants-Appellees, Top Rank of Louisiana, Inc.; Defendant-Appellant, Robert Arum; Fred Hofheinz; John O'Quinn; Robert A. Higley; Patrick Graham, Defendants. NATIONAL BASKETBALL ASSOCIATION; Atlanta Hawks, Ltd.; Capital Bullets Basketball Club, Inc.; Celtics, Limited Partnership; Charlotte NBA, Limited Partnership; Dallas Basketball, Limited; Denver Nuggets, Limited Partnership; Detroit Pistons Basketball Company; Golden State Warriors; Houston Rockets Professional Basketball Club, Ltd.; Jazz Basketball Investors, Inc.; LAC Basketball Club, Inc.; Los Angeles Lakers, Inc.; Madison Square Garden Corporation; Meadowlands Basketball Associates; Miami Heat, Limited Partnership; Milwaukee Bucks, Inc.; Nationwide Advertising Service, Inc.; Orlando Magic, Inc.; Pacers Basketball Corporation; The Philadelphia 76ers Basketball Club, Inc.; Phoenix Suns, Limited Partnership; Sacramento Kings, Limited Partnership; San Antonio Spurs, Limited; Seattle Supersonics, Inc.; Trail Blazers, Inc., Plaintiffs-Appellees, v. MINNESOTA PROFESSIONAL BASKETBALL, LIMITED PARTNERSHIP; Marvin Wolfenson; Harvey Ratner; Defendants-Appellees, Top Rank of Louisiana, Inc.; Defendant-Appellant, Robert Arum; Fred Hofheinz; Patrick Graham, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided May 30, 1995.

Rehearing and Suggestion for Rehearing Denied July 14, 1995.

Attorney(s) appearing for the Case

Richard Allen Lockridge, argued, Minneapolis, MN (W. Joseph Bruckner and William A. Gengler, on the brief), for appellant.

Patrick J. Schiltz, argued, Minneapolis, MN (James Fitzmaurice, Daniel J. Connolly, and Jason D. Topp, Minneapolis, MN, on the brief), for Minnesota Professional Basketball Ltd. Partnership.

Shepard Goldfein, argued, New York City, for Trail Blazers, Inc.

Before FAGG, WOLLMAN, and HANSEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 14, 1995.*

FAGG, Circuit Judge.

In these consolidated appeals, Top Rank of Louisiana, Inc. (Top Rank) challenges two district court orders granting preliminary injunctive relief to the National Basketball Association (NBA) in Top Rank's legal dispute with the Minnesota Professional Basketball Limited Partnership (MPBLP) and NBA over ownership and relocation of the Minnesota...

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