McLAIN v. REAL ESTATE BD. OF NEW ORLEANS, INC.

No. 77-2423.

583 F.2d 1315 (1978)

James Jefferson McLAIN et al., Plaintiffs-Appellants, v. REAL ESTATE BOARD OF NEW ORLEANS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 15, 1978.


Attorney(s) appearing for the Case

John P. Nelson, Jr., Richard G. Vinet, New Orleans, La., for plaintiffs-appellants.

Moise W. Dennery, J. William Vaudry, Jr., New Orleans, La., David A. Donohoe, Edward F. Schiff, Washington, D. C., for Latter and Blum.

Roy L. Price, Metairie, La., Cynthia Samuel, Tulane University School of Law, New Orleans, La., for Sandra, Inc.

Arthur L. Ballin, Frank C. Dudenhefer, New Orleans, La., Harry McCall, Jr., Robert S. Rooth, New Orleans, La., for Real Estate Bd. of New Orleans.

Edward F. Wegmann, F. P. Westenberger, New Orleans, La., for Waguespack, Pratt, Inc.

Harry S. Redmon, Jr., Rutledge Clement, Jr., New Orleans, La., for Gertrude Gardner, Inc.

Charles F. Barbera, Metairie, La., for Stan Weber.

Before GEWIN, GODBOLD and MORGAN, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

This is an alleged class action brought on behalf of buyers and sellers of residential property in the New Orleans area. Claiming that the defendant realty associations and realtors have conspired to fix the prices of their services, the plaintiffs seek declaratory and injunctive relief as well as the recovery of treble damages. In proceedings below, the defendants filed a motion to dismiss...

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