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Tom Brady; Drew Brees; Vincent Jackson; Ben Leber; Logan Mankins v. National Football League; Arizona Cardinals Football Club, LLC

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Submitted: June 3, 2011

Before BYE, COLLOTON, and BENTON, Circuit Judges.

This appeal arises from an action filed by nine professional football players and one prospective football player (“the Players”) against the National Football League and its thirty-two separately-owned clubs, more commonly known as football teams (collectively, “the NFL” or “the League”). On March 11, 2011, a collective bargaining agreement between the League and a union representing professional football players expired. The League had made known that if a new agreement was not reached before the expiration date, then it would implement a lockout of players, during which the athletes would not be paid or permitted to use club facilities. The League viewed a lockout as a legitimate tactic under the labor laws to bring economic pressure to bear on the players as part of the bargaining process. See Am. Ship Bldg. Co. v. NLRB, 380 U.S. 300, 301-02, 318 (1965).

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