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METRO. REG'L INFO. SYS. v. AMER. HOME REALTY NET.

Nos. 12-2102, 12-2432.

722 F.3d 591 (2013)

METROPOLITAN REGIONAL INFORMATION SYSTEMS, INC., Plaintiff-Appellee, v. AMERICAN HOME REALTY NETWORK, INC., Defendant-Appellant, and Jonathan J. Cardella; National Association of Realtors, Defendants. Consumer Advocates in American Real Estate, Amicus Supporting Appellant. Metropolitan Regional Information Systems, Inc., Plaintiff-Appellee, v. American Home Realty Network, Inc., Defendant-Appellant, and Jonathan J. Cardella; National Association of Realtors, Defendants. Consumer Advocates in American Real Estate, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 17, 2013.

Attorney(s) appearing for the Case

ARGUED: Peter Farkas , Farkas & Toikka LLP, Washington, D.C., for Appellant. Margaret Aldona Esquenet , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C., for Appellee. ON BRIEF: Richard S. Toikka , Farkas & Toikka LLP, Washington, D.C.; Christopher R. Miller , Chief Legal Officer and General Counsel, American Home Realty Network, Inc., San Francisco, California, for Appellant. John T. Westermeier , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Reston, Virginia, for Appellee. Douglas R. Miller , Executive Director and Attorney, Consumer Advocates in American Real Estate, Navarre, Minnesota, for Amicus Supporting Appellant.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Chief Judge TRAXLER and Judge GREGORY joined.

DUNCAN, Circuit Judge:

Appellant American Home Realty Network, Inc. ("AHRN") and Appellee Metropolitan Regional Information Systems, Inc. ("MRIS") are competitors in the real estate listing business. MRIS offers an online fee-based "multiple listing service" to real estate brokers and agents, while AHRN circumvents those brokers and agents by taking listing data from online database compilers like MRIS and making it directly available to consumers on its "real estate...

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