HAMILTON COUNTY BD. OF COM'RS v. NATIONAL FOOTBALL LEAGUE

No. 06-3348.

491 F.3d 310 (2007)

HAMILTON COUNTY BOARD OF COMMISSIONERS, Plaintiff-Appellant, v. NATIONAL FOOTBALL LEAGUE, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 19, 2007.


Attorney(s) appearing for the Case

ARGUED: Arthur R. Miller, Harvard Law School, Cambridge, Massachusetts, for Appellant. Gregg H. Levy, Covington & Burling, Washington, D.C., for Appellees. ON BRIEF: Arthur R. Miller, Harvard Law School, Cambridge, Massachusetts, Stanley M. Chesley, Paul M. De Marco, Fay E. Stilz, W.B. Markovits, Waite, Schneider, Bayless & Chesley Co., Cincinnati, Ohio, Robert R. Furnier, Furnier Simonds, LLC, Cincinnati, Ohio, for Appellant. Gregg H. Levy, James M. Garland, Steven E. Fagell, Covington & Burling, Washington, D.C., Robert A. Pitcairn, Jr., Katz, Teller, Brant & Hild, Cincinnati, Ohio, Kenneth F. Seibel, Jacobs, Kleinman, Seibel & McNally, Cincinnati, Ohio, for Appellees.

Before: SUHRHEINRICH, SUTTON, and McKEAGUE, Circuit Judges.


OPINION

SUTTON, Circuit Judge.

This case presents the latest twist in the relationship between the City of Cincinnati and professional football, a relationship that spans 86 years and at least 3 stadiums, the third of which is the subject of this controversy. The Hamilton County Board of Commissioners sued the defendants — the Cincinnati Bengals, the National Football League and its 31 other teams — claiming that they violated the federal antitrust...

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