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KLINE v. COLDWELL, BANKER & CO.

No. 73-2169.

508 F.2d 226 (1974)

Richard KLINE et al., Plaintiffs-Appellees, v. COLDWELL, BANKER & CO., Realtors, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

December 20, 1974.

Attorney(s) appearing for the Case

Carl Schuck (argued), Overton, Lyman & Prince, Los Angeles, Cal., for petitioners L. A. Realty Board and others.

Bridges & Bridges, Los Angeles, for petitioner Lindgren.

Seth M. Hufstedler, Beardsley, Hufstedler & Kemble, Los Angeles, Cal. (argued), for petitioners Coldwell, Banker & Co.

Daniel Fogel, Bodle, Fogel, Julber & Reinhardt, Los Angeles, Cal. (argued), for respondents-appellees.

Before DUNIWAY and TRASK, Circuit Judges, and POWELL, District Judge.

OPINION

TRASK, Circuit Judge:

In this proceeding under the Interlocutory Appeals Act of 1958, 28 U.S.C. § 1292(b), we are called upon to decide by means of an interlocutory appeal whether this suit may be maintained as a class action under Rule 23, Federal Rules of Civil Procedure. The action was brought by plaintiffs Richard and Margo Kline, husband and wife, on behalf of themselves and all sellers of residential...

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