No. 14-3428.

814 F.3d 938 (2016)

John Frederick DRYER, Elvin Lamont Bethea, and Edward Alvin White, Plaintiffs-Appellants v. The NATIONAL FOOTBALL LEAGUE, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 26, 2016.

Attorney(s) appearing for the Case

Michael Vincent Ciresi , argued, Minneapolis, MN ( Eric John Magnuson , Jeffrey Sullivan Gleason , Emily W. Cowing , William Bornstein , Minneapolis, MN., Bob Stein , Eden Prairie , MN., and Thomas J. Ward , Washington, DC, on the brief) for Plaintiffs-Appellants.

Paul D. Clement , argued, Washington, DC ( Aaron Daniel   Van Oort , Daniel J. Connolly , Peter C. Magnuson , Minneapolis, MN., Bruce P. Keller , New York, N.Y. and Michael Schaper , of New York, NY, on the brief) for Defendant-Appellee.

Rebecca Tushnet , Washington, D.C., for amici brief of Law Professors in support of appellee.

Anthony J. Dreyer , Jordan A. Feirman , and Andrew L. Green , all of New York, NY, for amici brief of Major League Baseball Properties, Inc. and National Hockey League in support of appellee.

Before WOLLMAN, BYE, and GRUENDER, Circuit Judges.

Appellants John Frederick Dryer, Elvin Lamont Bethea, and Edward Alvin White played professional football in the National Football League ("NFL"). They participated in a putative class-action lawsuit in which twenty-three former NFL players sued the NFL on behalf of themselves and similarly situated former players. This...

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