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National Football League, 352 U.S.445, 450, Clark, J. and admitted "were we considering the question of baseball for the first time upon a clean slate, we would have no doubts."Id. at 452.Frankfurter again expressed his incredulity.
When the case reached the Supreme Court, the Boston Red Sox filed an amicus curiae brief in support of the Yankees, their bitter rival.As Boston American League Base Ball Company, the team's corporate name.
Improved roads and public transportation meant that fans in some areas crossed state lines to attend games, and radio and television broadcasts, which the teams made money from, brought those games to the fans who did not leave home.
"I cannot translate even the narrowest conception of stare decisis into the equivalent of writing into the Sherman Law an exemption of baseball to the exclusion of every other sport different not one legal jot or tittle from it."Id., 248-250, Frankfurter J., dissenting. Minton, in his dissent, added:Another two years passed, and Radovich v.
It was also the first challenge to the reserve clause which prevented free agency, and one of the first cases heard and decided by the Warren Court.Since it presumed that Congress's failure to act in the years since Federal Baseball Club was an implicit expression of intent to keep baseball exempt from the Sherman Antitrust Act, it has been read as having done more to create that exemption than the older case.
Kuhn was heard, and made his change of mind explicit in a footnote to his dissent: "While I joined the Court's opinion in Toolson .
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