BRATCHER v. AKRON AREA BOARD OF REALTORS

No. 17113.

13 Ohio Misc. 224 (1967)

BRATCHER ET AL., APPELLANTS, v. AKRON AREA BOARD OF REALTORS ET AL., APPELLEES.

United States Court of Appeals, Sixth Circuit.

Decided August 11, 1967.


Attorney(s) appearing for the Case

Mr. Jack Greenberg, Mr. James M. Nabrit, III, Mr. Leroy D. Clark, Sheila Rush, Mr. Jack G. Day, Mr. Norman Purnell and Mr. Jay Topkis, for appellants.

Mr. Sidney D. L. Jackson, Jr., Mr. Alexander H. Hadden, Mr. George Downing, Mr. John H. Burlingame, Messrs. Baker, Hostetler & Patterson and Mr. Ivan L. Smith, for appellees, except First Natl. Bank of Akron and Herberich-Hall-Harter, Inc.

Mr. Frank H. Harvey, Jr., Messrs. Brouse, McDowell, May, Bierce & Wortman, Mr. C. Blake McDowell, Jr., Mr. Karl S. Hay, for appellees First Natl. Bank of Akron and Herberich-Hall-Harter, Inc.

Mr. Stephen G. Breyer, department of justice, and Mr. Donald F. Turner, on brief, for United States as amicus curiae.

Before PHILLIPS and EDWARDS, Circuit Judges, and CECIL, Senior Circuit Judge.


Per Curiam.

This is a case of first impression, whereby appellants undertake to apply the antitrust laws to an alleged conspiracy by a board of realtors and others, which conspiracy allegedly prevents Negroes from owning or renting property in white neighborhoods. The district judge granted appellees' motion to dismiss the case for lack of jurisdiction.

The Department of Justice has intervened in this court as amicus curiae on behalf of the appellants...

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