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HOLTER v. MOORE AND CO.

No. 81-1088.

702 F.2d 854 (1983)

Dwight J. HOLTER and Sandra A. Holter, individually and on behalf of others similarly situated, Appellants, v. MOORE AND COMPANY, William M. Moore, individually, and Timothy M. Miller, individually, and on behalf of a class composed of all other sales associates of Moore and Company acting as real estate agents for sellers of residential properties, Appellees.

United States Court of Appeals, Tenth Circuit.

March 21, 1983.

Attorney(s) appearing for the Case

Phillip S. Figa, Denver, Colo. (with Hugh A. Burns, Denver, Colo., on the brief) of Burns & Figa, P.C., Denver, Colo., for appellants.

James M. Lyons, Denver, Colo. (with James R. Everson, Denver, Colo., on the brief) of Rothgerber, Appel & Powers, Denver, Colo., for appellees.

Before HOLLOWAY, McKAY and LOGAN, Circuit Judges.

McKAY, Circuit Judge.

Appellants sold their house through defendant Moore and Company (a Colorado real estate broker) and one of its licensed sales agents. Moore charged them its standard seven percent commission for the sale. They then brought this antitrust suit against Moore, its president, and all of Moore's sales agents on behalf of themselves and a class of plaintiffs similarly situated. They alleged that the seven...

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