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CITY OF SAN JOSE v. OFF. OF THE COM'R OF BASEBALL

No. 14-15139.

776 F.3d 686 (2015)

CITY OF SAN JOSE; City of San Jose as Successor Agency to the Redevelopment Agency of the City of San Jose; The San Jose Diridon Development Authority, Plaintiffs-Appellants, v. OFFICE OF THE COMMISSIONER OF BASEBALL, an unincorporated association, DBA Major League Baseball; Allan Huber Selig, "Bud," Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2015.

Attorney(s) appearing for the Case

Joseph W. Cotchett (argued), Philip L. Gregory (argued), Frank C. Damrell, Jr. , Anne Marie Murphy , Camilo Artiga-Purcell of Cotchett, Pitre & McCarthy, LLP, Burlingame, CA, and Richard Doyle , Nora Frimann of the Office of the City Attorney, San Jose, CA, for Appellants.

John W. Keker (argued), Paula L. Blizzard , R. Adam Lauridsen , Thomas E. Gorman of Keker & Van Nest LLP, San Francisco, CA, and Bradley I. Ruskin of Proskauer Rose LLP, New York, NY, and Scott P. Cooper , Sarah Kroll-Rosenbaum , Jennifer L. Roche , Shawn S. Ledingham, Jr. of Proskauer Rose LLP, Los Angeles, CA, for Appellees.

Before: ALEX KOZINSKI, BARRY G. SILVERMAN and RICHARD R. CLIFTON, Circuit Judges.

OPINION

The City of San Jose steps up to the plate to challenge the baseball industry's 92-year old exemption from the antitrust laws. It joins the long line of litigants that have sought to overturn one of federal law's most enduring anomalies.

I. Background

Major League Baseball's (MLB)

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