BAA/NBA Lost Statistics

BAA/NBA LOST STATISTICS

During the early years of the BAA and NBA there were several years in which the final standings resulted in ties.  To break the ties and to determine playoff positions the tied teams engaged in single game tiebreaker playoffs.  The league, however, did not include the individual statistics from these games in either the regular-season totals or in the playoff totals. (see next paragraph.)  As a result, players such as George Mikan, Dolph Schayes are lacking points scored in NBA games from their career records.  For example, George Mikan scored 35 points in a March 21, 1950 tiebreaker game for first place and 13 points on March 16, 1956 in a second place tiebreaker game yet neither is included in either his regular-season or playoff totals in any of the various NBA encyclopedias and official guides.  Logically, they should be included in one of the two categories.  Major League Baseball treats tiebreakers as part of the regular season and I believe that the NBA should do the same.  

To show how inconsistent the NBA was in its early days, the 1952-53 season also had two sets of ties.  The Boston Celtics and Syracuse Nationals tied for second place in the Eastern Division and the Milwaukee Hawks and Indianapolis Olympians tied for fourth in the West.  The Nats defeated the Celtics 72-68 on March 17, 1953, one day after the end of their regular season and the Olympians defeated the Hawks 74-69 on March 18, 1953, one day after the end of their regular season. Both sets of games were added to the regular season totals and all individual statistics from those two games were incorporated into the regular season totals as well. 

Nine different teams took part in the other eight tiebreaker games during the league’s first 10 years with the Chicago Stags, Minneapolis Lakers and St. Louis Hawks each participating in three games, the Fort Wayne Pistons, two games and the Baltimore Bullets, New York Knickerbockers, Rochester Royals, Syracuse Nationals and Washington Capitols, one each. There were 108 different players who played in tiebreakers and whose individual statistics in those games have been lost.  Jack Coleman and Slater Martin each played in four tiebreakers, seven players played in three tiebreakers each and 19 players in two each.  Max Zaslofsky and Slater Martin each scored 59 points in tiebreakers, Bob Pettit had 51, George Mikan, 48, Clyde Lovellette 47, Jack McMahon 44, Cliff Hagan, 43, Ed Macauley, 42, Stan Miasek, 41 and Chuck Share, 40. Slater Martin fouled out of three of his four tiebreaker games, Ed Kalafat and Vern Mikkelsen were each disqualified twice in tiebreakers. Mikkelsen holds the career record for most disqualifications with 127 and if these tiebreaker games are included as regular season games that record should now be 129.  He also fouled out of two other regular season NBA games that were not included in the "official" statistics (in the 1954-55 season against the Baltimore Bullets) but that’s another story.

In the 1957-58 season the Cincinnati Royals and Detroit Pistons tied for second place in the Western Division with records of 33-39 but that year the NBA did the sensible thing and let the two teams have a coin flip to decide home court advantage.  Since that year the NBA has instituted various methods to break regular-season ties and as a result the NBA tiebreaker game is a thing of the past. 

Details of the ten tiebreaker games as found in newspaper box scores appear below.

TIEBREAKERS # 1 and 2 - 1947-48 SEASON

The Western Division in the 1947-48 BAA season ended in an unusual fashion. The first place team, St. Louis Bombers had a record of 29-19 while the other three teams - Baltimore Bullets, Chicago Stags and Washington Capitols all had records of 28-20.

Two tiebreaker games were played to determine which two of the three teams would be placed second and third and qualify for the post-season playoffs. Chicago played Washington in the first game and after the Capitols, played Baltimore in the next game.

March 23, 1948 @ Chicago, IL

WASHINGTON      FG FT FTA PF TP     CHICAGO        FG FT FTA PF TP

Irv Torgoff      3  4   6    10     Max Zaslofsky   9  6   8    24

Dick O’Keefe     0  1   2     1     Stan Miasek     4  4   6    12

John Norlander   3  1   1     7     Chuck Gilmur    2  6   7    10

John Mahnken     4  0   1     8     Jim Seminoff    6  1   4    13

Bones McKinney   1  2   3     4     Gene Vance      4  5   5    13

Bob Feerick      6  4   4    16     Marvin Rottner  1  0   0     2

Fred Scolari     7  2   3    16

Sonny Hertzberg  4  0   0     8

Jack Tingle      0  0   1     0

Totals          28 14  21    70     Totals         26 22 30     74

                1  2  3  4  T

WSC             ? 36 16 18 70

CHS             ? 32 27 15 74

March 25, 1948 @ Chicago, IL

BALTIMORE        FG FT FTA PF TP     CHICAGO         FG FT FTA PF TP

Carl Meinhold     3  0  0      6     Max Zaslofsky    6  9  11    21

Paul Hoffman      0  2  3      2     Stan Miasek      4  8  12    16

Grady Lewis       1  2  2      4     Marvin Rottner   1  0   0     2

Connie Simmons    3  4  4     10     Chuck Gilmur     3  2   5     8

Kleggie Hermsen   4  6  8     14     Paul Huston      2  0   0     4

Dick Schulz       4  5  5     13     Andy Phillip     3  2   4     8

Buddy Jeannette   2  8  9     12     Gene Vance       3  1   2     7

Chick Reiser      3  7  9     13     Jim Seminoff     3  0   1     6

?                 0  1  1      1     Ben Schadler     0  0   0     0

Totals           20 35 41     75     Totals          25 22  35    72

                1  2  3  4  T

BLB            10 21 17 27 75

CHS            17 15 21 19 72

TIEBREAKERS # 3 and 4 - 1949-50 SEASON

The Central Division of the 17-team 1950 NBA featured a tie between the Minneapolis Lakers and Rochester  Royals for first place at 51-17 each and also one for third place between the Fort Wayne Pistons and Chicago Stags at 40-28 each.  Although all four teams qualified for the post-season playoffs, the two tied pairs played tiebreakers to determine their final positions.  The Lakers won an additional $1,000 for their team by winning their tiebreaker and finishing first.

March 20, 1950 @ Fort Wayne, IN

FORT WAYNE      FG FT FTA PF TP     CHICAGO          FG FT FTA PF TP

Fred Schaus      8  4   6  2 20     Max Zaslofsky     4  6   7  3 14

Bob Carpenter    5  3   3  0 13     Joe Graboski      1  2   2  2  4

Bob Harris       4  4   5  3 12     Odie Spears       4  0   0  4  8

Jerry Nagel      0  0   0  0  0     Stan Miasek       5  3   4  3 13

Howie Schultz    1  3   6  2  5     George Nostrand   0  1   1  1  1

Ralph Johnson    2  2   2  4  6     Kleggie Hermsen   3  2   5  4  8

Curly Armstrong  0  2   2  3  2     Frank Kudelka     0  3   7  5  3

Duane Klueh      4  1   2  1  9     Kenny Rollins     1  0   0  1  2

Clint Wager      0  1   1  1  1     Andy Phillip      3  2   2  3  8

Jack Kerris      3  6   6  3 12     Leo Barnhorst     4  0   0  4  8

John Oldham      2  2   3  4  6     Joe Bradley       0  0   0  1  0

Totals          29 28  36 23 86     Totals           25 19  28 31 69

               1  2   3   4  T

FTW              46         86

CHS              35         69

March 21 1950 @ Rochester, NY

ROCHESTER      FG FT FTA PF TP     MINNEAPOLIS     FG FT FTA PF TP

Bob Davies     10  6   6  3 26     Vern Mikkelsen   3  6   7  4 12

Red Holzman     5  2   3  1 12     Arnie Ferrin     1  2   2  5  4

Pep Saul        0  1   1  0  1     Jim Pollard      3  3   3  2  9

Bill Calhoun    3  0   1  2  6     Tony Jaros       2  0   0  1  4

Arnie Risen     3  2   5  3  8     George Mikan    13  9  12  3 35

Ed Mikan        2  0   0  1  4     Bob Harrison     0  0   0  0  0

Arnie Johnson   1  1   1  5  3     Slater Martin    1  0   0  6  2

Jack Coleman    2  0   1  6  4     Herm Schaefer    5  2   2  3 12

Bobby Wanzer    2  7   8  0 11     

Fran Curran     0  1   1  1  1

Totals         28 20  27 22 76     Totals          28 22  26 24 78

                1  2  3  4  T

MPL               36       78

ROC               43       76

Notes - Tony Jaros hit a 40 foot set shot with two seconds remaining to win the game.

Attendance - 4,310 standing room only

TIEBREAKERS # 5 and 6 - 1952-53 SEASON

There were two ties for position in the 1952-53 season.  The Boston Celtics and Syracuse Nationals both finished the Eastern Division with records of 46-24 and were tied for second place.  The Milwaukee Hawks and Indianapolis Olympians tied for fourth place in the Western Division with records of 27-43. That year the top four teams in each division competed in the post-season playoffs so the Hawks-Olympians game determined which team of the two would make the playoffs. The Celtics-Nats game on the other hand only decided which team would receive the $1,500 second place team bonus money and home court advantage since the first round of the playoffs that year was contested between the first and fourth place teams and second and third place teams and the Celtics and Nats would meet in the playoffs regardless of the outcome of their tiebreaker.

In 1952-53, the NBA decided to include the tiebreaker games as part of their regular season statistics so that the NBA “official” statistics for the season show the Knicks with a first place record of 47-23, the Nats only one-half game behind at 47-24 and the Celtics at 46-25.  The NBA Official Guides and various basketball encyclopedias don’t even mention the fact that the regular season ended in a tie. All individual stats from the tiebreakers that season are also included with the regular season statistics.

March 17, 1953 @ Syracuse, NY (Syracuse Coliseum)

SYRACUSE         FG FT FTA PF TP     BOSTON        FG FT FTA PF TP

Dolph Schayes     6 11  15  3 23     Chuck Cooper   1  2   3  6  4

Bill Gabor        2  4   6  4  8     Bob Brannum    2  0   0  6  4   

Earl Lloyd        1  1   2  4  3     Bob Harris     3  7  10  5 13

Red Rocha         2  0   0  4  4     Ed Macauley    3  9  10  2 15

Noble Jorgensen   2  4   7  4  8     John Mahnken   0  0   0  1  0

Paul Seymour      4  9   9  4 17     Bob Cousy      5  6   9  6 16

George King       1  5   6  5  7     Bill Sharman   5  4   5  5 14

Wally Osterkorn   1  0   0  3  2     Bob Donham     1  0   0  4  2

Totals           19 34  45 31 72     Totals        20 28  37 35 68

                 1  2  3  4  T

SYR             19 16 14 23 72

BOS             16 17 21 14 68

Notes - Attendance 2,834

Officials - Arnie Heft and Joe Serafin

Schayes - 21 rebounds, 4 assists

Red Auerbach fined for "verbally attacking League President Maurice Podoloff outside the dressing room after the game.  The fine must be paid before the next game otherwise Auerbach will be banned from the bench."

March 18, 1953 @ Milwaukee, WI (Pius XI High School)

INDIANAPOLIS   FG FT FTA PF TP     MILWAUKEE         FG FT FTA PF TP

Leo Barnhorst   8  0   5  1 16     Jack Nichols       5  2   5  6 12

Bob Lavoy       2  1   2  6  5     George Ratkovicz   6  2   3  3 14

Mel Payton      1  1   2  1  3     Mel Hutchins       5  3   3  6 13

Bob Zawoluk     1  0   3  5  2     Bill Calhoun       4  5   7  2 13

Joe Graboski    4  7   8  4 15     John Payak         0  4   7  4  4

Paul Walther    2  6   7  6 10     Stan Miasek        1  0   1  3  2

Bill Tosheff    5  8   9  5 18     Al Masino          1  2   4  6  4

Gene Rhodes     1  3   3  0  5     Dillard Crocker    2  2   3  5  6

                                   Bucky McConnell    0  1   1  2  1

Totals         24 26  39 28 74     Totals            24 21  34 37 69

                 1  2  3  4  T

INO             16 18 14 26 74

MLH             19 12 17 21 69

Notes - Officials - Charley Eckman and Bill Biebel

TIEBREAKERS # 7 and 8 - 1955-56 SEASON

In the 1955-56 NBA season the New York Knickerbockers and Syracuse Nationals finished tied for third place in the Eastern Division with records of 35-37.  Since only the top three teams qualified for the post-season playoffs the Knicks and Nats played a tiebreaker to determine which of them would continue in the playoffs.  In the Western Division the Minneapolis Lakers and St. Louis Hawks tied for second place with records of 33-39 (both less than the Knicks and Nats.)  Although both the Lakers and Hawks qualified for the post-season playoffs they nonetheless played a tiebreaker to determine which of them would receive home court advantage in the best-of-three first round of the playoffs.

March 15, 1956 @ Syracuse, NY

NEW YORK        FG FT FTA PF TP     SYRACUSE       FG FT FTA PF TP

Harry Gallatin   5  9  11  3 19     Dolph Schayes   6  2   3  6 14

Kenny Sears      6  6   8  4 18     Red Rocha       2  2   2  2  6

Ray Felix        3  3   8  5  9     Jim Tucker      3  0   0  3  6

Carl Braun       3  2   6  3  8     Ed Conlin       3  5   7  3 11

Jim Baechtold    0  1   1  1  1     John Kerr       6  0   4  3 12

Gene Shue        1  1   1  1  3     Earl Lloyd      3  0   0  4  6

Dick McGuire     2  0   1  5  4     Paul Seymour    2  4   6  3  8

Nat Clifton      6  3   5  4 15     George King     4  3   6  3 11

                                    Dick Farley     2  0   2  1  4

                                    Billy Kenville  1  2   2  0  4

Totals          26 25  41 26 77     Totals         32 18  32 28 82

                1  2  3  4  T

NYK            19 21 21 16 77

SYR            17 27 20 18 82

Notes - The game was played on a Thursday afternoon on a court laid down over ice since the Ice Capades were scheduled for that evening.

Attendance - 3,951

Officials - Sid Borgia, Mendy Rudolph

March 16, 1956 @ St. Louis, MO

MINNEAPOLIS       FG FT FTA PF  TP     ST. LOUIS      FG FT FTA PF TP

Vern Mikkelsen     4  3   5  6  11     Bob Pettit      7  8  16  3 22

Dick Schnittker    4  6   6  4  14     Jack Coleman    6  2   3  1 14

Lew Hitch          0  0   0  1   0     Alex Hannum     3  0   2  5  6

Ed Kalafat         1  1   1  6   3     Chuck Share     6  9  17  5 21

Clyde Lovellette   6  5   7  6  17     Med Park        1  0   2  0  2

George Mikan       4  5   7  2  13     Jack McMahon    3  1   2  3  7

Whitey Skoog       4  2   2  5  10     Bob Harrison    0  1   3  4  1

Slater Martin      9 10  13  6  28     Bob Schafer     1  0   0  1  2

Chuck Mencel       1  5   6  0   7     Jack Stephens   2  2   4  6  6

Dick Garmaker      0  0   0  1   0     Al Ferrari      4  8  12  6 16

Totals            33 37  47 37 103     Totals         33 31  61 34 97

               1  2  3  4   T

MPL           27 25 29 22 103

STL           33 19 17 28  97

TIEBREAKERS # 9 and 10 - 1956-57 SEASON

The 1956-57 NBA regular season finished in an unusual way. In the Eastern Division, the New York Knickerbockers finished in fourth place with a record of 36-36 and did not qualify for the post-season playoffs. In the Western Division, the St. Louis Hawks, Minneapolis Lakers and Fort Wayne Pistons all finished with records of 34-38, worse than the Knicks yet all three qualified for the playoffs.  However, to determine the final placing and consequent playoff matchups two tiebreaker games were held.  Minneapolis drew a bye for the first game and the Hawks received the home court for both tiebreakers since they won 8 of 12 games from both the Pistons and Lakers during the season.

March 14, 1957 @ St. Louis, MO

FORT WAYNE      FG FT FTA PF  TP     ST. LOUIS      FG FT FTA PF  TP

George Yardley   7 12      3  26     Bob Pettit      5  3      5  13

Mel Hutchins     4  5      3  13     Ed Macauley     6  6      5  18

Red Rocha        0  0      1   0     Jack Coleman    3  0      2   6

Bill Thieben     2  0      0   4     Chuck Share     2  6      2  10

Larry Foust      8  4      6  20     Jack McMahon   11  2      2  24

Bob Houbregs     3  4      2  10     Slater Martin   7  3      5  17

Billy Kenville   0  0      0   0     Cliff Hagan     6  3      5  15

Gene Shue        7  8      2  22     Med Park        4  4      3  12

Chuck Noble      1  0      4   2

Corky Devlin     2  2      2   6

Totals          34 35  43 23 103     Totals         44 27  36 29 115

               1  2  3  4   T

FTW           29 18 33 23 103

STL           21 45 24 25 115

March 16 1957 @ St. Louis, MO

MINNEAPOLIS       FG FT FTA PF  TP     ST. LOUIS      FG FT FTA PF  TP

Vern Mikkelsen     5  0      6  10     Bob Pettit      6  4      2  16

Dick Schnittker    1  8      2  10     Jack Coleman    3  1      4   7

Jim Paxson         1  2      1   4     Ed Macauley     5 14      4  24

Ed Kalafat         3  2      6   8     Cliff Hagan    11  6      4  28

Clyde Lovellette  11  8      1  30     Chuck Share     4  1      4   9

Walter Dukes       2  0      6   4     Alex Hannum     0  0      2   0

Bob Leonard        4  9      1  17     Irv Bemoras     0  1      0   1

Dick Garmaker      8  6      6  22     Jack McMahon    5  3      6  13

Chuck Mencel       2  2      2   6     Med Park        1  2      5   4

                                       Slater Martin   5  2      6  12

Totals            37 37  54 31 111     Totals         40 34  46 37 114

              1  2  3  4 OT   T

MPL          19 24 29 28 11 111

STL          22 21 27 30 14 114 

Notes - Fight between McMahon and Leonard but neither ejected.

Pettit played with a fractured left wrist in a cast.

Hawks won $4,000 first place money and bye in first round of Western Division Playoffs

Attendance - 3, 500 est.

National television - NBC - 2 pm. start

Uniforms of the 70s

A brief look back at NBA fashion of the 1970s.


Atlanta Hawks -

Boston Celtics -

Buffalo Braves -

Detroit Pistons -

Golden State Warriors -

Los Angeles Lakers -

Milwaukee Bucks -

New Orleans Jazz -

New York Knicks -

Philadelphia 76ers -

Phoenix Suns -

Portland Trail Blazers -

San Antonio Spurs -

Seattle SuperSonics -

Washington Bullets -

Pro Basketball Legal Cases 1946-69

This is the first part of a series to cover the major legal cases in pro basketball history.


MIKAN v. COMMERCIAL SPORTS ADVERTISERS [1946]
In 1946, George Mikan was the biggest name in basketball.   Upon turning professional after the conclusion of his college career at DePaul Mikan signed a contract with the National Basketball League’s Chicago American Gears on March 16, 1946.  While the NBL had a salary limit of $7,000, the Gears agreed to pay Mikan an addition $5,000 for working once a week in the company’s legal department.  In December Gears owner Maurice White was experience financial trouble and asked Mikan to renegotiate his contract down to $6,500 a year.  Mikan refused and then walked out on the team on December 11, filing a lawsuit in Cook County Circuit Court, claiming his contract was one-sided and that the team's dismissal privileges left him unprotected since NBL contracts were not guaranteed.  On January 20 the Gears counter-sued Mikan for $102,250 ($100,000 for violation of his contract and $2,250 in fines for failing to play).  After six weeks of holding out, Mikan returned to Chicago and eventually both lawsuits were withdrawn.

MOLINAS v. PODOLOFF [1954]
Jack Molinas was banned after signing a confession to having bet on NBA games, including those of his own club, Fort Wayne. Molinas brought suit in New York State Supreme Court alleging that NBA President Maurice Podoloff violated the leagues by-laws in that Molinas did not receive notice of the charges against him or grant him a hearing.  The court ruled that Molinas’ written confession as well as his admittance to the court that his confession was truthful was sufficient for taking action against Molinas.

WASHINGTON PROFESSIONAL BASKETBALL CORPORATION v. NATIONAL BASKETBALL ASSOCIATION [1955]
After Washington lost its NBA franchise in 1951 a group headed by Morris Fox looked for an opportunity to bring the league back to the nation’s capital.  After failing to lure the Hawks to Washington when they moved to St. Louis in May, 1955, the group threatened litigation, claiming they had a letter from the league promising a franchise to Washington.  Days later the group failed in an effort to purchase the defunct Baltimore franchise and explored the possibility of forming a rival league (with Brooklyn, Chicago and Cleveland under consideration for franchises).  The group then went forward and filed a $1 million antitrust suit against the NBA claiming the league conspired to prevent it from buying the bankrupt Baltimore club.  Eventually, despite ruling that the NBA was subject to the Sherman Act because it operated on an interstate basis, the suit was denied because there was not proof that a contract existed.

MOLINAS v. NATIONAL BASKETBALL ASSOCIATION [1958]
After being banned in 1954 for admitting to betting on NBA games while playing for the Fort Wayne Pistons, Jack Molinas filed a $3 million antitrust suit against the NBA contending that they were depriving him of the opportunity to earn a living as a professional basketball player. After a four-day trial, Federal Judge Irving R. Kaufman dismissed the suit, ruling that Molinas "has not established any violation of the antitrust laws" citing the NBA "was justified in determining that it was absolutely necessary to avoid even the slightest connection with gambling." Molinas would go on to become a central figure in the college basketball fixing scandal of 1960-61.

SPIVEY v. NATIONAL BASKETBALL ASSOCIATION [1960]
Banned by the NBA in 1953 after being connected with a point-shaving scandal at the University of Kentucky, Bill Spivey (who was acquitted of all charges and had been playing mostly in the Eastern League) signed a contract with the Cincinnati Royals in 1959. After pressure from the league office due to concerns over Spivey’s possible involvement, Cincinnati withdrew their contract offer. Spivey then filed a lawsuit against the league, league President Maurice Podoloff and the Royals asking for $820,000 in damages. Spivey’s suit was settled out of court for $10,000 and he went on to play in the rival American Basketball League in 1961.

SEARS v. GRAHAM-PAIGE CORP. [1961]
With the arrival of the American Basketball League in 1961 the players of the NBA had an alternative to resigning with their own club, and the New York Knicks’ two-time All-Star Kenny Sears jumped at the chance to join the ABL team in his native California and joined the San Francisco Comets (soon renamed the Saints), signing with them on April 25, 1961.  The Knicks quickly countered with lawsuits against both Sears and the Comets (for $175,000 in damages) claiming that the option clause in his contract gives him exclusive rights to him in 1961-62, making this the first court test for the option clause.  Sears countered with an antitrust suit against the Knicks claiming he was not free to negotiate with prospective employers each of the past four years, costing him an estimated $30,000.  In June a federal judge in San Francisco denied New York’s request to issue an injunction to prevent Sears from playing in the ABL, clearing the way for him to play for the Saints.  In October a Superior Court in San Francisco denied a petition by New York to prevent Sears from playing for San Francisco, as Judge Byron Arnold stated that the Knicks hurt their own case by withdrawing a suit filed against Sears in Federal Court in New York.  In December New York and San Francisco came to an agreement which allowed Sears to play in the ABL in exchange for a cash payment.  Sears would go on to finish the 1961-62 season with the Saints, but returned to the Knicks in 1962-63.

CENTRAL NEW YORK BASKETBALL, INC. v. BARNETT [1961]
When the American Basketball League began play in 1961 the two leagues were set on a legal collision course as soon as NBA players began to sign with the new league.  Dick Barnett of Syracuse was one of those players, signing with George Steinbrenner’s Cleveland Pipers in August, 1961.  Syracuse, citing the option clause in his contract, responded by filing a lawsuit in Common Pleas Court in Cleveland seeking a restraining order to prevent Barnett from joining the Pipers.  The Nationals got their temporary restraining order in October, and a permanent injunction in December, but the two clubs then reached an agreement to allow Barnet to play with Cleveland in 1961-62.

SAULDSBERRY v. KENNEDY [1965]
After being waived by St. Louis in 1963 after disciplinary problems with Hawks’ coach Harry Gallatin, Woody Sauldsberry signed with Boston in November, 1965 after spending two years out of the league, but NBA President Walter Kennedy announced that he was refusing to approve Sauldsberry’s contract due to “his record while he was formerly a player in the association.”  Days later Sauldsberry filed a lawsuit against Walter Kennedy and each of the NBA’s clubs excluding Boston in U.S. District Court in Boston.  The next day U.S. District Court Judge George C. Sweeney issued a temporary injunction ordering the NBA and Boston Celtics to honor Sauldsberry‘s contract and allowing him to play pending the resolution of his lawsuit.  In December Kennedy approved Sauldsberry’s contract after he agrees to “certain provisions.”

COMMUNITY SPORTS, INC. v. DENVER RINGSBY ROCKETS, INC. [1967]
Larry Jones was a fringe NBA player in 1964-65 who found himself out of the league midway through his rookie season with Philadelphia.  Jones landed in Wilkes-Barre, Pennsylvania, where he became one of the top players in the Eastern League with the Wilkes-Barre Barons.  When the ABA arrived on the scene Jones signed with the Denver Rockets franchise in August, 1967.  Wilkes-Barre then filed suit in Allegheny County Common Pleas Court against Jones claiming they had an exclusive option to renew his contract through October 31 and received a preliminary injunction against Jones (similar injunctions were issued against other players such as Willie Somerset of Houston and Levern Tart of Oakland).  Jones continued to play with Denver however as the Rockets felt the decision was “of no force or effect outside of Pennsylvania.”  In April, 1968 the decision to grant the preliminary injunction was overturned on appeal.

HAWKINS v. NATIONAL BASKETBALL ASSOCIATION [1966]
With his named mentioned in connection with the 1960-61 NCAA point-shaving scandals Connie Hawkins found himself booted from the University of Iowa team and blacklisted by the NBA. After playing for Pittsburgh of the ABL and with the Harlem Globetrotters (and going undrafted by the NBA in 1964), and expressing a desire to play in the league, Hawkins was officially placed on the NBA’s ineligible list until an investigation by NBA Commissioner Walter Kennedy had concluded. Hawkins then filed a lawsuit against the NBA in November, 1966 in hopes resuming his playing career. In 1967 he joined the upstart ABA, signing a contract without an option clause with Pittsburgh which would allow him to leave to join the NBA immediately. When the details of the allegations were investigated for the trial and his innocence came to light, the NBA finally settled with Hawkins. Phoenix won his rights in a coin flip with Seattle and signed him to a five-year, $1 million contract in June, 1969.

LEMAT CORP v. BARRY [1967]
With the arrival of the American Basketball Association NBA players like San Francisco’s Rick Barry were presented with another employment option.  After months of a ‘hands off’ policy Pat Boone, the owner of the ABA’s Oakland franchise agreed with Barry to a “signing option” beginning June 19, 1967, and expiring October 2, 1967, and come to terms on a three-year, $225,000 contract to begin in 1967-68 unless Barry was forced to honor the option year of his San Francisco contract, in which case it would begin in 1968-69.  The next day San Francisco notified Barry that they are exercising their option for the 1967-68 season, but he refused to sign and maintained that he would not play for San Francisco in the upcoming season.  On August 8 San Francisco filed suit against Barry seeking an injunction to prevent his from playing any team other than San Francisco until September 30, 1968.  A week later a California court ruled in favor of San Francisco and the NBA, and Barry elects to sit out season as an announcer for Oakland rather than playing his option year with San Francisco.  Oakland then signed Barry to a three-year contract on September 29, 1967.

MINNESOTA MUSKIES, INC. v. HUDSON [1967]
Lou Hudson preceded Rick Barry by becoming the first NBA stars to sign with the ABA in May, 1967.  Hudson jumped from the St. Louis Hawks to the Minnesota Muskies to sign a three-year contract, but he was still obligated to fulfill the option year of his St. Louis contract.  St. Louis Answered by filing a $3 million suit against the Muskies, Hudson and the ABA.  When the Hawks offered him a five-year contract in June, Hudson had a change of heart and returned to the Hawks.  Minnesota then filed suit against Hudson hoping the court would enforce their contract with Hudson.  St. Louis however, claimed that Minnesota had not entered into negotiations with “unclean hands.”  The court agreed with St. Louis and refused Minnesota’s request, in part because of Minnesota’s “unclean hands” when signing Hudson, and in part because Hudson had not yet received any benefits from signing with Minnesota.

LEMAT CORP. v. AMERICAN BASKETBALL ASSOCIATION [1967]
When the ABA began play in 1967 the Oakland franchise signed Rick Barry of the San Francisco Warriors, making him the first star to jump to the new league.  Barry’s contract was for three years to begin when his contractual obligation to the Warriors ended (in either 1967-68 or 1968-69).  In August San Francisco filed a suit in Los Angeles County Superior Court against Oakland Owners Pat Boone and Ken Davidson and Oakland Coach Bruce Hale and one against the ABA (who was also Barry’s father-in-law) seeking $1.5 million in damages for "willful, deliberate and malicious" acts and "tortuous intent to injure the [Warriors] and appropriate the good will” generated by Barry's association with the club.  A court-ordering injunction prevented Barry from joining Oakland until 1968-69, and the courts sorted out the various suits.  Ultimately the court decided that Boone and Davidson had no knowledge if Barry’s option was valid or not, but even they had the contract would be valid due to the specific wording that it would take effect only when the Warriors no longer held his rights. The court ruled that the Warriors held his rights for 1967-68, and Barry chose to sit out the season, joining the Oakland broadcasting team instead and joining them as a player n 1968-69.

AMERICAN BASKETBALL ASSOCIATION v. NATIONAL BASKETBALL ASSOCIATION [1969]
One of the intents of the organizers of the American Basketball Lleague was to ultimately force a merger with the NBA, following the example set by the American Football League, who parlayed a successful rival league into a merger with the established National Football League.  After two seasons of squabbling over talent rights and countless lawsuits, the ABA filed a March, 1969 antitrust suit in U.S. District Court in San Francisco claiming that the NBA used its economic resources to stifle competition by pooling its resources to sign college players and accusing the NBA of inducing players to break the contracts they had signed with ABA clubs and of “blacklisting” coaches and players who tried to jump leagues.  The ABA asked the court to void the “option contract” used by the NBA and that the NBA be prohibited from entering into contracts into players except on an individual team basis.  In August a group from the NBA consisting of NBA Commissioner Walter Kennedy and team owners Ned Irish, Sam Schulman and Richard Bloch met with representatives of the ABA including ABA President James Gardner and owners Ray Boe and Joe Geary met and agreed to the “possibility of exploring cooperative arrangements.”  These talks broke off soon after when the ABA induced Billy Cunningham to jump from Philadelphia to Carolina and Denver signed college underclassman Spencer Haywood.  In January, 1970 the talks resumed and intensified throughout the spring, despite the protests of the NBPA, and the problems of deciding what to do with players who had jumped to the ABA (Rick Barry, Zelmo Beaty, Dave Bing, Billy Cunningham and Luke Jackson among them), what indemnities should be paid to existing teams, what the price for admission would be and how to settle the ABA’s antitrust suit.  In April the merger appeared to be imminent with the ABA agreeing unanimously to pay $11.25 million to join, but the NPBA filed the “Oscar Robertson Suit” to block the merger on antitrust grounds, and receiving the injunction necessary to block it.  The leagues continued to work toward a merger throughout the summer and fall, but the efforts were abandoned in the fall after little progress at getting Congressional approval.

Spencer Haywood 1970-71

When Spencer Haywood sought to break his contract that he signed with the ABA’s Denver Rockets in 1969 to join the NBA before his college class graduated it led to general chaos -


●16Nov70 U.S. District Court Judge Warren J. Ferguson issues a temporary restraining against Spencer Haywood preventing him from negotiating with any NBA teams.

●25Nov70 U.S. District Court Judge Warren J. Ferguson declares a “state of status quo” and appoints Special Master Marvin Sears to hear the dispute between Spencer Haywood and the Denver Rockers over his 1969 contract.

●28Dec71 Spencer Haywood signs a six-year, $1.9 million contract with Seattle of the NBA

●30Dec70 U.S. District Court Judge Warren J. Ferguson in Los Angeles issues a temporary restraining order in Los Angeles against the NBA to keep them from imposing sanctions against Seattle and their four-year college eligibility rule. 

Date       Score            Notes

30Dec70    CHI 109 @SEA 128 Protested by CHI, Haywood DNP

1Jan71     POR 118 @SEA 121 Protested by POR, Haywood DNP

4Jan71     SEA 110 @MIL 124 Protested by MIL, Haywood 14 pts

5Jan71     SEA 101 @BAL 109 Protested by BAL, Haywood 14 pts

●6Jan71 U.S. District Court Judges Warren J. Ferguson grants a temporary restraining order against the NBA, allowing Spencer Haywood to play for Seattle.

6Jan71      SEA 112 @BOS 137    Protested by BOS, Haywood DNP

●8Jan71 U.S. District Court Judge Warren J. Ferguson rules that the temporary restraining order against the NBA preventing them from imposing sanctions against Seattle for signing Haywood remain in effect for at least another 10 days.  Ferguson also refuses to issue a  temporary restraining order sought by Denver to prevent Haywood from playing in the NBA.

Date       Score            Notes

8Jan71     SEA 110 @BUF 102 Protested by BUF, Haywood DNP

9Jan71     SEA 114 @CIN 110 Protested by CIN, Haywood 0 pts

14Jan71    SEA 110 @BAL 114 Protested by BAL, Haywood 7 pts

17Jan71    BAL 111 @SEA 96  Protested by BAL, Haywood 19 pts

●18Jan71 The temporary restraining order against the NBA which allowed Haywood to play is extended.

Date       Score            Notes

19Jan71    SEA 102 @DET 106 Protested by DET, Haywood 24 pts

20Jan71    SEA 112 @ATL 108 Protested by ATL, Haywood 23 pts

22Jan71    CIN 131 @SEA 132 Protested by CIN, Haywood 30 pts

24Jan71    PHI 145 @SEA 119 Protested by PHI, Haywood 30 pts

28Jan71    BUF 110 @SEA 120 Protested by BUF, Haywood 18 pts

29Jan71    SEA 115 @LAL 122 Protested by LAL, Haywood 17 pts

30Jan71    SEA 116 @PHO 134 Protested by PHO, Haywood 29 pts

2Feb71     SEA 101 @CHI 108 Protested by CHI, Haywood 21 pts

3Feb71     SEA 98 @CLE 95   Protested by CLE, Haywood 6 pts

5Feb71     SEA 120 @ATL 121 Protested by ATL, Haywood 22 pts

7Feb71     SDR 124 @SEA 107 Protested by SDR, Haywood 25 pts

9Feb71     SEA 115 @SDR 132 Protested by SDR, Haywood 22 pts

10Feb71    SEA 122 @SFW 133 Protested by SFW, Haywood 26 pts

11Feb71    CIN 101 @SEA 119 Protested by CIN, Haywood 31 pts

12Feb71    SEA 125 @POR 137 Protested by POR, Haywood 10 pts

14Feb71    SFW 101 @SEA 146 Protested by SFW, Haywood 25 pts

●16Feb71 The 9th U.S. Circuit Court of Appeals in San Francisco rules that the NBA may penalize Seattle for using Spencer Haywood, blocking an earlier injunction against the league.

●17Feb71 NBA Commissioner Walter Kennedy rejects Spencer Haywood's contract with Seattle.

Date       Score            Notes

17Feb71    POR 126 @SEA 130 Haywood DNP

19Feb71    MIL 128 @SEA 112 Haywood DNP

21Feb71    PHI 135 @SEA 128 Haywood DNP

24Feb71    CLE 101 @SEA 123 Haywood DNP

26Feb71    SEA 121 @LAL 145 Haywood DNP

27Feb71    CHI 129 @SEA 114 Haywood DNP

●1Mar71 U.S. Supreme Court Justice William P. Douglas reinstates an earlier ruling which barred the NBA from taking any action against Seattle to keep Spencer Haywood from playing.

Date       Score            Notes

2Mar71     ATL 128 @SEA 116 Haywood 13 pts

5Mar71     SEA 111 @SDR 110 Haywood 25 pts

6Mar71     LAL 109 @SEA 121 Haywood 16 pts

●8Mar71 The U.S. Supreme Court rules 7-2 in Spencer Haywood’s favor to stand by a ruling by Justice William O. Douglas which rejected a motion by the NBA to restrict him from joining Seattle.

Date       Score            Notes

8Mar71     SEA 99 @MIL 104  Haywood 30 pts

9Mar71     SEA 114 @NYK 99  Haywood 26 pts

11Mar71    DET 97 @SEA 130  Haywood 28 pts

●12Mar71 U.S. District Court Judge Warren Ferguson in Los Angeles rules that the NBA's four-year eligibility rule is in violation of the Sherman Antitrust Act because it does not provide procedural safeguards for an individual to contest it and seek inclusion in the draft.

Date       Score            Notes

12Mar71    SEA 98 @SFW 111  Haywood 23 pts

14Mar71    BAL 121 @SEA 124 Haywood 35 pts

18Mar71    MIL 121 @SEA 122 Haywood 27 pts

19Mar71    SEA 128 @POR 135 Haywood 32 pts

20Mar71    SEA 107 @PHO 114 Haywood 7 pts

21Mar71    SFW 106 @SEA 119 Haywood 8 pts