TOSCANO v. PROFESSIONAL GOLFERS ASSOCIATION

No. 00-15101.

258 F.3d 978 (2001)

Harry TOSCANO, an individual, Plaintiff-Appellant, v. PROFESSIONAL GOLFERS' ASSOCIATION, a Maryland Nonprofit Corporation, dba Senior PGA Tour; Jim Colbert, an individual; Bruce Devlin, an individual; Terry Dill, an individual; Dale Douglass, an individual; Raymond Floyd, an individual; Gibby Gilbert, an individual; Bob Goalby, an individual; Mike Hill, an individual; Ken Still, an individual; Bell Atlantic Corporation, a Delaware Corporation; Boone Valley, a Business Entity; Brickyard Crossing, a Business Entity; Bruno's Inc., an Alabam Corporation; Burnet, a Business Entity; Chrysler Corporation, a Delaware Corporation; Diners Club International, a Business Entity; Eveready Battery Company, a Corporation; First of America, a Business Entity; Ford Motor Company, a Delaware Corporation; The Gillette Company, a Delaware Corportation; The Kroger Company; an Ohio Corporation; Liberty Mutual Group, a Business Entity; Mercedes-Benz of North America, Inc., a Corportation; NYT Magazine Group, a Business Entity; Quicksilver, a Business Entity; R.J. Reynolds Tobacco, Corporation, a Business Entity; Toyota Motor Corporation, a Corporation; Wendy's International, Inc., an Ohio Corporation; Nationwide Insurance, Enterprises, a Business Entity; Toshiba Corporation, a Corporation; PGA Tours, Inc.; Dave Stockton, an Individual; Dean R. Beman; Timothy W. Finchem; Ojai Golf Charitites, a California Nonprofit Corporation, Defendants, and American Express Company, a New York Corporation; Ameritech Corporation, a Delaware Corporation; Bankboston Corporation, a Corporation; Banc One Corporation, an Ohio Corporation; Bellsouth Corporation, a Georgia Corporation; Country-Wide Credit Industries, Inc., a Delaware Corporation; FHP Health Care, a Business Entity; Franklin Quest Company, a Utah Corporation; General Motors Corporation, a Delaware Corporation; GTE Corporation, a New York Corporation; Hyatt Corporation, a Corporation; LG Group, a Business Entity; Paine Webber Group, Inc., a Delaware Corporation; Raley's, a Business Corporation; Ralph's Grocery Company, a Corporation; Royal Carribean Cruise Line, a Business Entity; SBC Communications, Inc., a Delaware Corporation; The Scotts Company, an Ohio Corporation; Transamerican Corporation, a Delaware Corporation; Truegreen-Chemlawn, a Business Entity; Gold Rush Classics, a California Nonprofit Corporation; Centinela Hospital Medical Center; Classic Charities Of Orange County, a California Nonprofit Corporation; Grand Slam Charities, an Ohio Nonprofit Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2001.


Attorney(s) appearing for the Case

Paul Smith, Dallas, Texas, for plaintiff-appellant Toscano.

Andrew D. Hurwitz, Phoenix, Arizona, for defendants-appellees Local Sponsors.

J. Thomas Rosch, San Francisco, California, for Title Sponser General Motors.

Before: Mary M. SCHROEDER, CHIEF JUDGE, Donald LAY, and DAVID R. THOMPSON, Circuit Judges.


Argued and Submitted June 11, 2001 — San Francisco, California.

DAVID R. THOMPSON, Circuit Judge:

Plaintiff Harry Toscano, a professional golfer, appeals the district court's summary judgment in favor of the sponsors of Senior PGA Tour golf tournaments, on his claim under section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1 (1994). Toscano alleges that the defendants entered into a contract, combination, or conspiracy to unreasonably restrain...

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