Deesen v. Professional Golfers Ass’n

Full title: Herbert C. DEESEN, Appellant, v. The PROFESSIONAL GOLFERS’ ASSOCIATION OF…

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 4, 1966


Herbert C. Deesen brought this action against The Professional Golfers’ Association of America (PGA) and a number of individuals to recover damages and obtain injunctive relief for alleged violations of sections 1 and 2 of the Sherman Act. Damages were claimed in the sum of $70,000, trebled to $210,000. Jurisdiction in the district court was asserted under sections 4 and 16 of the Clayton Act.

In his complaint, as modified by the pretrial orders, Deesen, who is a professional golfer, claimed that PGA and its members have combined and conspired to monopolize the business of tournament golf professionals in violation of section 2 of the Sherman Act. He also claimed that, as evidenced by PGA’s rules and regulations governing the eligibility of entrants into PGA sponsored and co-sponsored tournaments, defendants have combined and conspired to restrain, unreasonably, the business of tournament golf professionals, and to boycott plaintiff, in violation of section 1 of the Sherman Act.



The district court did not err in holding, on the established facts of this case, that appellees did not conspire and combine to monopolize, boycott and restrain business in violation of sections 1 and 2 of the Sherman Act.

In view of our conclusions, as stated above, it is unnecessary to consider the arguments of the parties directed to the question of monetary damages and injunctive relief.


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