McDONALD v. COLDWELL BANKER

No. 06-16563.

543 F.3d 498 (2008)

Pamela McDONALD; Kanya Coleman, Plaintiffs-Appellants, v. COLDWELL BANKER, Coldwell Banker Real Estate Corporation First Shasta Realty; Thomas Gallagher; Richard Mattioli, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2008.


Attorney(s) appearing for the Case

Steven J. Mehlman, Mehlman & TerBeek LLP, Walnut Creek, CA, argued the cause for the plaintiffs-appellants and filed briefs; Marc L. TerBeek, and Timothy A. Walker, Mehlman & TerBeek LLP, Walnut Creek, CA, were on the briefs.

Malcom Sher, Sher & Minnard LLP, Walnut Creek, CA, and John A. Schwimmer, Sussman Shank LLP, Portland, OR, argued the cause for the defendants-appellees and filed briefs; Carla V. Minnard, Sher & Minnard LLP, Walnut Creek, CA, was on the First Shasta, Gallagher & Mattioli brief.

Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge HAWKINS.


O'SCANNLAIN, Circuit Judge:

We must decide whether a potential home buyer has established a prima facie claim for discrimination against the seller's listing agents, under various federal and state statutes, for a rejected offer where she and they were of different races.

I

Pamela McDonald, an African-American, sought to buy a house in the Shasta-Redding, California area for herself and her children in 2002...

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