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NATIONAL ASS'N OF REAL ESTATE BOARDS v. UNITED STATES

No. 9956.

176 F.2d 631 (1949)

NATIONAL ASSOCIATION OF REAL ESTATE BOARDS et al. v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided June 13, 1949.

Attorney(s) appearing for the Case

Mr. William E. Leahy, Washington, D. C., with whom Messrs. William J. Hughes, Jr., and Ben Ivan Melnicoff, Washington, D. C. were on the brief, for appellant Washington Real Estate Board and individual appellants other than Nelson and Smith.

Messrs. Roger J. Whiteford, John J. Wilson, and Jo V. Morgan, Jr., Washington, D. C. were on the brief for appellants National Association of Real Estate Boards and Herbert U. Nelson.

Messrs. Walter M. Bastian and Archie K. Shipe, Washington, D. C. were on the brief for appellant J. Hawley Smith.

Mr. Victor H. Kramer, Attorney, Department of Justice, Washington, D. C. with whom Messrs. Herbert A. Bergson, Assistant Attorney General, and C. Heyward Belser, Attorney, Department of Justice, were on the brief, for appellee.

Before EDGERTON and PROCTOR, Circuit Judges, and H. CHURCH FORD, District Judge sitting by designation.

EDGERTON, Circuit Judge.

The United States brought this civil action for an injunction under the Sherman Act, 26 Stat. 209, § 4, as amended, 15 U.S.C.A. § 4, against the National Association of Real Estate Boards, the Washington Real Estate Board, and certain individuals. The defendants moved for summary judgment on the theory of res judicata because they were acquitted in a criminal prosecution based on the same facts. D.C., 80 F.Supp...

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