Holley v. Crank

386 F.3d 1248 Emma Mary Ellen HOLLEY; David Holley; Michael Holley, a minor; Brooks Bauer, individually and on behalf of the general public, Plaintiffs-Appellants, v. Grove S. CRANK, Sr., individually dba Triad Realtors; Triad Inc., individually dba Triad Realtors, Defendants, and David Meyer, individually and in his capacity as President and designated officer/broker of Triad, Inc., dba Triad Realtors, Defendant-Appellee. No. 99-56611. United States Court of Appeals, Ninth Circuit. Filed October 26, 2004. COPYRIGHT MATERIAL OMITTED Elizabeth N. Brancart, Brancart & Brancart, Pescadero, CA, for the plaintiffs-appellants. Douglas G. Benedon, Benedon & Serlin, Woodland Hills, CA, for the defendant-appellee. On Remand from the United States Supreme Court. D.C. No. CV-97-08368-WMB-SHX, CV-98-07965-WMB-SHX. Before HUG, B. FLETCHER, Circuit Judges, and ILLSTON, * District Judge. HUG, Circuit Judge: 1 In Meyer v. Holley, 537 U.S. 280 , 123 S.Ct. 824 , 154 L.Ed.2d 753 (2003), the Supreme Court vacated this Court's opinion in Holley v. Crank, 258 F.3d 1127 (9th Cir.2001) and remanded for further proceedings. In revisiting this case, we address two distinct questions which the…