Finley’s suit was based upon restraint of trade. Three main areas were framed in the law suit:

1. Kuhn’s ruling was arbitrary and that Kuhn had acted maliciously toward Finley’s team because the two had had many run-ins in the past.

2. Kuhn did not have the authority to void the sale of the three players.

3. The Commissioner was trying to destroy the Oakland franchise, and baseball’s antitrust exemption did not apply to this instance

Major League Baseball and Kuhn used their old standby defense, that the Commissioner had the right to review all player transactions and could disallow a sale if it was not in the best interest of baseball.


        The Commissioner

The case went before Judge Frank McGarr in the United States District Court of the Northern District of Illinois. On March 17, 1977 Judge McGarr ruled against Finley, basing much of his opinion on the concept that “the Commissioner was acting in the best interest of baseball”.

Undaunted, Finley’s next step was to appeal Judge McGarr’s decision.

Tomorrow - the appeal.