United States v. Shubert

Decision Date30 December 1953
Citation120 F. Supp. 15
PartiesUNITED STATES of America, Plaintiff, v. Lee SHUBERT, Jacob J. Shubert, Marcus Heiman, United Booking Office, Incorporated, Select Theatres Corporation, L.A.B. Amusement Corporation, Defendants.
CourtU.S. District Court — Southern District of New York

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. KNOX, Chief Judge.

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.

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5 cases
  • United States v. Shubert
    • United States
    • U.S. Supreme Court
    • January 31, 1955
    ...motion, after this Court's decision in Toolson v. New York Yankees, 346 U.S. 356, 74 S.Ct. 78, 98 L.Ed. 64; the District Court, 120 F.Supp. 15, dismissed the Government's complaint on the authority of the Toolson decision, and Federal Baseball Club of Baltimore v. National League of Profess......
  • Flood v. Kuhn 71 8212 32
    • United States
    • U.S. Supreme Court
    • June 19, 1972
    ... ... ; that the interstate relationship among the several clubs, located as they were in different States, was predominant; that organized baseball represented an investment of colossal wealth; that it was ... B. Marienelli, Ltd. v. United Booking Offices, 227 F. 165 (S.D.N.Y.1914); (b) the first Mr. Justice Harlan's opinion in ...           D. United States v. Shubert, 348 U.S. 222, 75 S.Ct. 277, 99 L.Ed. 279 (1955), was a civil antitrust action against defendants ... ...
  • FLOOD V. KUHN
    • United States
    • U.S. Supreme Court
    • June 19, 1972
    ... ... Kuhn No. 71-32 Argued March 20, 1972 Decided June 19, 1972 407 U.S. 258 CERTIORARI TO THE UNITED STATES COURT OF APPEALS ... FOR THE SECOND CIRCUIT ... Syllabus ... Petitioner, a professional ... at 14 ... D. United States v. Shubert, 348 U. S. 222 (1955), was a civil antitrust action against defendants engaged in the production ... ...
  • Pappas v. American Guild of Variety Artists
    • United States
    • U.S. District Court — Northern District of Illinois
    • November 5, 1954
    ...in the cases of Federal Baseball of Baltimore Club v. National League * * * and Toolson v. New York Yankees. * * *" United States v. Shubert, D.C., 1954, 120 F.Supp. 15. The boxing case was similarly dismissed on the authority of the Supreme Court decisions in the baseball cases. United Sta......
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