October 29, 1957
INTERNATIONAL BOXING CLUB OF NEW YORK, INC., ET AL
MR. JUSTICE HARLAN, Circuit Justice: The fact that this is the first Government antitrust case involving professional sports to be reviewed by this Court after trial on the merits and the admittedly "drastic" character of some aspects of the relief granted by the District Court combine to lead me to the conclusion that the appellants' application for a stay of the judgment below, pending appeal, should be granted in substantial part. Indeed, the Government concedes, with commendable frankness, that such parts of the judgment "which would result in substantial and irreparable injury [to appellants] in the event of a reversal" and "which could substantially affect the property interests of the appellants" should not be put into effect pending review. Accepting the premises on which the Government suggests this application should be decided, cf. Breswick & Co. v. United States , 75 S. Ct. 912, I shall make the following disposition of the application for a stay, to become effective upon the expiration of the stay heretofore granted by the District Court and to continue until this Court's final determination of appellants' pending appeal:
(1) As to paragraphs "8," "9," "10," "11," "13," "14," "15," "16," "17," "18," "19," "20," "21," and "22" of the judgment, the application for a stay is granted. To this relief the Government has no objection.
(2) As to paragraphs "3," "5," "6," and "7" of the judgment, the application for a stay is granted to the extent that such provisions relate to the exercise of subsisting contract rights acquired by any of the appellants prior to March 8, 1957, the date on which the District Court filed its opinion holding that the Sherman Act had been violated. Although the Government opposes any stay of these provisions, I consider that this limited stay is in keeping with the formula which the Government has recognized should govern the disposition of this application.
(3) In all other respects the application for a stay is denied.
An appropriate order may be submitted to me for signature on or before November 4, 1957.
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