Twin City Sportservice, Inc. v. Charles O. Finley & Company, Inc.

512 F.2d 1264 1975-1 Trade Cases 60,195 TWIN CITY SPORTSERVICE, INC., a Missouri Corporation, and SPORTSERVICE CORPORATION, a New York Corporation, Appellants, v. CHARLES O. FINLEY & COMPANY, INC., an Illinois Corporation, Appellee. Nos. 73-1126, 73-1585. United States Court of Appeals, Ninth Circuit. Feb. 21, 1975. John P. Frank, of Lewis & Roca (argued), Phoenix, Ariz., for appellants. William G. Myers, of Rothschild, Barry & Myers, Chicago, Ill. (argued), for appellee. OPINION Before TRASK and SNEED, Circuit Judges, GRAY, * District Judge. SNEED, Circuit Judge: 1 This is an appeal from a trial court judgment awarding treble damages, attorney's fees and costs to appellee-counterclaimant Charles O. Finley & Company, Inc. (Finley) on the ground that a 1950 contract between the then-owner of the Athletics baseball team and a predecessor in interest of appellant Twin City Sportservice, Inc. (Sportservice) violated §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2. Sportservice initiated the suit against Finley in 1967, alleging breach of contract by the latter, and seeking declaratory, injunctive, and monetary relief. Finley filed a…