Gregory P. Neeld v. National Hockey League

594 F.2d 1297 1979-1 Trade Cases 62,570 Gregory P. NEELD, Plaintiff-Appellant, v. NATIONAL HOCKEY LEAGUE et al., Defendants-Appellees. No. 76-3591. United States Court of Appeals, Ninth Circuit. April 11, 1979. 1 Frederick P. Furth (argued), Furth, Fahrner & Wong, San Francisco, Cal., for plaintiff-appellant. 2 Richard M. Mosk (argued), Mitchell, Silberberg & Knupp, Los Angeles, Cal., for defendants-appellees. 3 Appeal from the United States District Court for the Northern District of California. 4 Before DUNIWAY and KILKENNY, Circuit Judges, and BELLONI, District Judge. * BELLONI, District Judge: 5 Appellant, Gregory Neeld, is a one-eyed hockey player. Appellee, the National Hockey League, maintains a by-law 1 which prevents Neeld from playing in the League. Neeld has appealed from a summary judgment holding that the League's by-law does not violate the Sherman Act. Neeld has also sought a remand to the District Court for the purpose of pleading various other claims not asserted below. For the reasons below, we affirm the District Court and deny in its entirety the motion for remand. SHERMAN ACT CLAIM 6 The antitrust laws are designed to maintain and promote competition.…