UNITED STATES v. SHUBERT, (S.D.N.Y. 1953)

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.