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DERISH v. SAN MATEO-BURLINGAME BD. OF REALTORS

No. 83-1791.

724 F.2d 1347 (1983)

Joel and Patty DERISH, Plaintiffs-Respondents, v. SAN MATEO-BURLINGAME BOARD OF REALTORS, California Association of Realtors, National Association of Realtors, H. Kent Atwater, Defendants-Petitioners.

United States Court of Appeals, Ninth Circuit.

Decided December 23, 1983.

Attorney(s) appearing for the Case

Moses Lasky, Lasky, Haas, Cohler & Munter, San Francisco, Cal., for defendants-petitioners.

David Barry, Barry & Finley, San Francisco, Cal., for plaintiffs-respondents.

Before WALLACE, ALARCON, and BOOCHEVER, Circuit Judges.

WALLACE, Circuit Judge:

This case arose under section 1 of the Sherman Act, 15 U.S.C. § 1, and comes to us on a certified interlocutory appeal, 28 U.S.C. § 1292(b). The question is appropriately narrow. California has a state antitrust statute, the Cartwright Act, Cal.Bus. & Prof.Code §§ 16700-60 (West 1964 & Supp.1983), "patterned after the Sherman Act." Marin County Board of Realtors, Inc. v. Palsson, 16 Cal.3d...

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