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WASHINGTON CAPITOLS BASKETBALL CLUB, INC. v. BARRY

Civ. No. 52229.

304 F.Supp. 1193 (1969)

WASHINGTON CAPITOLS BASKETBALL CLUB, INC., a District of Columbia corporation, Plaintiff, v. Richard F. BARRY III, also known as Rick Barry; Lemat Corporation, a Delaware corporation and the general partner of a limited partnership doing business under the name of San Francisco Warriors; and San Francisco Warriors, a limited partnership, Defendants.

United States District Court N. D. California.

On Motion for Preliminary Injunction September 26, 1969.

Attorney(s) appearing for the Case

Frederick P. Furth, San Francisco, Cal., for plaintiff.

Bancroft, Avery & McAlister, San Francisco, Cal., Loeb & Loeb, Los Angeles, Cal., Morrison, Foerster, Holloway, Clinton & Clark, San Francisco, Cal., for defendants.

OPINION AND ORDER

LEVIN, District Judge.

This action was commenced by Washington Capitols Basketball Club, Inc., (hereafter "Washington") for declaratory and equitable relief and for damages. The relevant facts which are undisputed are as follows:

On June 19, 1967, Richard F. Barry III (hereafter "Barry") granted to Charles E. "Pat" Boone (hereafter "Boone") and S. D. Davidson (hereafter "Davidson") an option to acquire his services as a professional...

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