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McDANIEL v. APPRAISAL INSTITUTE

No. 94-17158.

117 F.3d 421 (1997)

James C. McDANIEL, Plaintiff-Appellant, v. APPRAISAL INSTITUTE, a Corporation Organized Under the Laws of the State of Illinois, fka American Institute of Real Estate Appraisers of the National Association of Realtors; Dan W. Mahoney, Husband; Susan Mahoney, Wife; Sanders Solot, Husband; Ruth-Jean Solot, Wife, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1997.

Attorney(s) appearing for the Case

Mike Tully, J. Michael Tully, Tucson, Arizona, for plaintiff-appellant.

Howard R. Wine, Law Office of Howard R. Wine, Tucson, Arizona, for defendants-appellees.

Before: SNEED, PREGERSON and KLEINFELD, Circuit Judges.

Opinion by Judge KLEINFELD; Concurrence by Judge PREGERSON.

KLEINFELD, Circuit Judge:

McDaniel was denied certification as an "MAI appraiser" by the Appraisal Institute, a private nonprofit professional association. The only issue in this appeal is whether he established a genuine issue of material fact, in his Sherman Act, section 1 antitrust claim.

Facts

McDaniel has repeatedly sought certification...

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