McLAIN v. REAL ESTATE BD. OF NEW ORLEANS

No. 78-1501.

444 U.S. 232 (1980)

McLAIN ET AL. v. REAL ESTATE BOARD OF NEW ORLEANS, INC., ET AL.

Supreme Court of United States.

Decided January 8, 1980.


Attorney(s) appearing for the Case

Richard G. Vinet argued the cause for petitioners. With him on the brief was John P. Nelson, Jr.

Harry McCall, Jr., argued the cause for respondents. With him on the brief for respondents Real Estate Board of New Orleans et al. were Arthur L. Ballin, Frank C. Dudenhefer, Edward F. Wegmann, Harry S. Redmon, Jr., Rutledge Clement, Jr., Charles F. Barbera, Moise S. Steeg, Jr., and William D. North. Edward F. Schiff, Paul B. Hewitt, and Moise W. Dennery filed a brief for respondent Latter & Blum, Inc.

Deputy Solicitor General Easterbrook argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General McCree, Assistant Attorney General Shenefield, John J. Powers III, and Margaret G. Halpern.*

Ellen Broadman and Alan Mark Silbergeld filed a brief for Consumers Union of United States, Inc., as amicus curiae.


MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

The question in this case is whether the Sherman Act extends to an agreement among real estate brokers in a market area to conform to a fixed rate of brokerage commissions on sales of residential property.

I

The complaint in this private antitrust action, filed in the Eastern District of Louisiana in 1975, alleges that real estate brokers in the Greater New Orleans area have engaged in...

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