# Partee v. San Diego Chargers Football Co.

> California Supreme Court · August 29, 1983 · 34 Cal. 3d 378

URL: https://www.frixlaw.com/law-library/cases/9793352

## Case

- **Full name:** DENNIS PARTEE, Plaintiff and Respondent, v. SAN DIEGO CHARGERS FOOTBALL COMPANY, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** August 29, 1983
- **Citations:** 34 Cal. 3d 378; 194 Cal. Rptr. 367; 668 P.2d 674; 1983 Cal. LEXIS 223
- **Precedential status:** Published
- **Opinion:** Concurrence by Mosk
- **Judges:** Broussard, Mosk, Reynoso
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9793352

## Opinion text

MOSK, J., Concurring.
I have signed the majority opinion, under compulsion of Flood v. Kuhn (1972) 407 U.S. 258 [ 32 L.Ed.2d 728 , 92 S.Ct. 2099 ].
Though keenly aware of the need to vigilantly enforce the Cartwright Act, I cannot accept the unique theory of the dissent that professional baseball and professional football are governed by different law. Though the playing fields are of different configuration, the balls of a different shape, the equipment and uniforms of a varying appearance and the method of scoring inconsistent, both baseball and football are for all practical purposes identical coast to coast sporting ventures seeking a combination of glory and financial reward.
While I might not rhapsodize as effusively about baseball lore as did Justice Blackmun in Flood (supra, pp. 260-264 [32 L.Ed.2d pp. 732-734]), I am bound by the decision in that case and believe despite some dictum (id., p. 283 [ 32 L.Ed.2d at p. 744 ]) that it must be applied equally to professional football. If a great outfielder like Curt Flood is barred by the United States Supreme Court from state antitrust protection, an outstanding gridiron performer like Dennis Partee must suffer the same fate.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9793352. Public record. Not legal advice.