Derish v. San Mateo-Burlingame Board Of Realtors

724 F.2d 1347 1984-1 Trade Cases 65,771 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. No. 83-1791. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 12, 1983. Decided Dec. 23, 1983. Moses Lasky, Lasky, Haas, Cohler & Munter, San Francisco, Cal., for defendants-petitioners. David Barry, Barry & Finley, San Francisco, Cal., for plaintiffs-respondents. Appeal from the United States District Court for the Northern District of California. Before WALLACE, ALARCON, and BOOCHEVER, Circuit Judges. WALLACE, Circuit Judge: 1 This case arose under section 1 of the Sherman Act, 15 U.S.C. Sec. 1 , and comes to us on a certified interlocutory appeal, 28 U.S.C. Sec. 1292 (b). The question is appropriately narrow. California has a state antitrust statute, the Cartwright Act, Cal.Bus. & Prof.Code Secs. 16700-60 (West 1964 & Supp.1983), "patterned after the Sherman Act." Marin County Board of Realtors, Inc. v. Palsson, 16 Cal.3d 920, 925 , 549 P.2d 833 , 130 Cal.Rptr. 1 (1976). When a plaintiff sues under the…