Marks

ORDER GRANTING DEFENDANTS’ MOTION TO DECERTIFY CLASS

This is an antitrust class action charging Defendants with conspiring to fix the rate of commission charged by real estate brokers for the sale of residential property in the county of Marin. The action was conditionally certified as a class action by order of the Court filed April 10, 1972. On June 22, 1972, the Court issued an order which revised and narrowed the class to encompass all persons who had paid a brokerage commission on the sale or lease of residential property in Marin County from February 23, 1967, to February 21, 1971. The class was subsequently modified again, and persons who only leased property were excluded.

The case is now before the Court on Defendants’ motion to decertify the class. After this motion was briefed and argued and the matter submitted, the Court of Appeals for the Ninth Circuit decided Kline v. Coldwell, Banker & Co., 508 F.2d 226 (9th Cir. 1974). The facts in Kline are nearly identical to those in the case at bar, and the Court *355 of Appeals’ opinion addresses some of the issues raised by the pending motion. Because the present case is controlled by Kline , and because Kline requires…