Harry Weltman v. Ozzie Silna Daniel Silna Donald Schupak Spirits of St. Louis Basketball Club, L.P. And Pak Fabrics, Inc., D/B/A Pak Fabric Sale Co.

BRIGHT, Senior Circuit Judge.

Harry Weltman appeals the district court’s 1 judgment denying his claim to a limited partner’s share of the proceeds received by the former American Basketball Association (ABA) team, the Spirits of St. Louis, pursuant to a 1976 merger agreement between the ABA and the National Basketball Association (NBA). 2 On appeal, Weltman contends that the district court’s finding that he had withdrawn from the partnership is not supported by sufficient evidence. We affirm.

1. BACKGROUND

Weltman participated in the purchase of an ABA franchise by a limited partnership, formed…