Opinion
December 30, 1953. See, also, D.C., 14 F.R.D. 471.
Philip Marcus, Sp. Asst. to Atty. Gen., for plaintiff.
Klein Weir, New York City, for defendants Lee Shubert, Jacob J. Shubert and Select Theatres Corp.
Cravath, Swaine Moore, New York City, for defendants Marcus Heiman and United Booking Office, Inc.
Lipper, Shinn Keeley, New York City, for defendant L.A.B. Amusement Corp.
In principle, I can see no valid distinction between the facts of this case and those which were before the Supreme Court in the cases of Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs, 259 U.S. 200, 42 S.Ct. 465, 66 L.Ed. 898, and Toolson v. New York Yankees, 346 U.S. 356, 74 S.Ct. 78.
Upon the authority of these adjudications the complaint in the above-entitled action will be dismissed.