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WORLDWIDE BASKETBALL & SPORT TOURS v. NCAA

No. 03-4024.

388 F.3d 955 (2004)

WORLDWIDE BASKETBALL AND SPORT TOURS, INC., et al., Plaintiffs-Appellees, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 15, 2004.

Attorney(s) appearing for the Case

ARGUED: Gregory L. Curtner, Miller, Canfield, Paddock & Stone, Ann Arbor, MI, for Appellant. W.B. Markovits, Markovits & Greiwe, Cincinnati, OH, for Appellees. ON BRIEF: Gregory L. Curtner, Miller, Canfield, Paddock & Stone, Ann Arbor, MI, James A. Wilson, Laura G. Kuykendall, Vorys, Sater, Seymour & Pease, Columbus, OH, for Appellant. W.B. Markovits, Markovits & Greiwe, Stanley M. Chesley, Waite, Schneider, Bayless & Chesley, Cincinnati, OH, for Appellees.

Before: BATCHELDER, GIBBONS, and COOK, Circuit Judges.

BATCHELDER, J., delivered the opinion of the court, in which COOK, J., joined. GIBBONS, J. (pp. 964-66), delivered a separate concurring opinion.

BATCHELDER, Circuit Judge.

The National Collegiate Athletic Association, (the "NCAA"), appeals the district court's order declaring that the NCAA's "Two in Four Rule" violates Section I of the Sherman Antitrust Act, 15 U.S.C. § 1, and permanently enjoining the enforcement...

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