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BRYAN v. STILLWATER BD. OF REALTORS

No. 77-1111.

578 F.2d 1319 (1977)

J. P. BRYAN, Plaintiff-Appellant, v. STILLWATER BOARD OF REALTORS, Arlene Barnes, Tom D. Berry, Lloyd V. Daugherty, Happy P. Marton, Billie V. Fisher, Freeman L. Dilbeck, Arthur W. Akerson, Kendall Grindstaff, Max Hanson, Marsha Teague, Leonard G. Herron, Jr., Paul Hieronymus, Gene Hoyt, Price Campbell, William Auflegor, Ken Garrett, Paul Kerr, Max Koerner, John Duck, Benjamin Kraybill, C. R. Millard, Kelly P. Powell, Lecil Bickett, C. Ray Smith, Dwayne R. Wilson and Wendell Stephens, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided July 26, 1977.

Attorney(s) appearing for the Case

N. Franklyn Casey, Tulsa, Okl., for plaintiff-appellant.

Carroll F. Pope, Stillwater, Okl., and Burck Bailey of Fellers, Snider, Blankenship & Bailey, Oklahoma City, Okl., for defendants-appellees.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

J. P. Bryan (Bryan) appeals from the order of the district court granting appellees' Motion to Dismiss complaint and cause of action for failure to state a claim upon which relief may be granted and for lack of jurisdiction over the subject matter because the activity complained of ". . . is local and does not restrain trade or commerce among the several states." [R., Vol. I, p. 77.] The trial court held that the absence of subject matter jurisdiction...

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