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HYLAND v. HOMESERVICES OF AMERICA, INC.

No. 12-5947.

771 F.3d 310 (2014)

Casey William HYLAND, et al., Plaintiffs, Christopher R. Burnette; Mystic Burnette, Plaintiffs-Appellants, v. HOMESERVICES OF AMERICA, INC.; HomeServices of Kentucky, Inc.; Semonin Realtors; Rector-Hayden Realtors; McMahan Company, Inc., d/b/a Coldwell Banker McMahan Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 13, 2014.

Attorney(s) appearing for the Case

ARGUED: Christopher Lovell , Lovell Stewart Halebian Jacobson LLP, New York, New York, for Appellants. Robert D. MacGill , Barnes & Thornburg LLP, Indianapolis, Indiana, for Appellees HomeServices of America. Matthew C. Blickensderfer , Frost Brown Todd LLC, Cincinnati, Ohio, for Appellee McMahan Company ON BRIEF: Christopher Lovell , Lovell Stewart Halebian Jacobson LLP, New York, New York, for Appellants. Robert D. MacGill , Karoline E. Jackson , Barnes & Thornburg LLP, Indianapolis, Indiana, for Appellees HomeServices of America. Matthew C. Blickensderfer , Frost Brown Todd LLC, Cincinnati, Ohio, for Appellee McMahan Company.

Before: COLE, Chief Judge; NORRIS and GIBBONS, Circuit Judges.

OPINION

ALAN E. NORRIS, Circuit Judge.

Class representatives Christopher and Mystic Burnette appeal three rulings by the district court that resulted in judgment for defendant real estate firms, all of which operate in Kentucky. The fourth amended complaint alleged that defendants violated Section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1, by participating in a horizontal conspiracy to fix the commissions charged in Kentucky real estate transactions...

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