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FIVE SMITHS, INC. v. NATIONAL FOOTBALL LEAGUE PLAYERS

Civ. No. 4-90-261.

788 F.Supp. 1042 (1992)

The FIVE SMITHS, INC., Buffalo Bills, Inc., Chicago Bears Football Club, Inc., Cincinnati Bengals, Inc., Cleveland Browns, Inc., The Dallas Cowboys Football Club, Ltd., PDB Sports, Ltd., The Detroit Lions, Inc., Green Bay Packers, Inc., Houston Oilers, Inc., Indianapolis Colts, Inc., Kansas City Chiefs Football Club, Inc., The Los Angeles Raiders, Ltd., Los Angeles Rams Football Company, Inc., Miami Dolphins, Ltd., Minnesota Vikings Football Club, Inc., KMS Patriots LP, The New Orleans Saints Limited Partnership, New York Football Giants, Inc., New York Jets Football Club, Inc., The Philadelphia Eagles Football Club, Inc., B & B Holdings, Inc., Pittsburgh Steelers Sports, Inc., The Chargers Football Company, The San Francisco Forty-Niners, Ltd., The Seattle Professional Football Club, Tampa Bay Area NFL Football, Inc., Pro-Football, Inc., National Football League, and the National Football League Management Council, Plaintiffs, v. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION, Defendant.

United States District Court, D. Minnesota, Fourth Division.

March 30, 1992.

Attorney(s) appearing for the Case

Patrick J. Schiltz, W. James Fitzmaurice, Faegre & Benson, Minneapolis, Minn., John H. Schafer, Herbert Dym, Neil K. Roman, Covington & Burling, Washington, D.C., Bobby R. Burchfield, Jeffrey Pash, Frank Rothman, Douglas B. Adler, Skadden, Arps, Slate, Meagher & Flom, Los Angeles, Cal., Shepard Goldfein, Skadden, Arps, Slate, Meagher & Flom, New York City, for plaintiffs.

Luke H. Terhaar, Carol T. Rieger, Charles Joseph Lloyd, Edward Michael Glennon, Lindquist & Vennum, Minneapolis, Minn., Jeffrey L. Kessler, James W. Quinn, Weil, Gotshal & Manges, New York City, for defendant.

ORDER

DOTY, District Judge.

This matter is before the court on defendant National Football League Players Association's ("NFLPA") motion to dismiss Count IV of plaintiffs' amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Based on a review of the file, record, and proceedings herein, the court grants defendant's motion.

BACKGROUND

In Count IV of the amended complaint,1 plaintiffs, the National...

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