U.S. Court of Appeals for the Fifth Circuit, 1974

Bobby L. Forrest and Gerald E. Kiefer, D/B/A Forrest & Kiefer v. The Capital Buildings & Loan Assn.

U.S. Court of Appeals for the Fifth Circuit · Decided December 9, 1974 · Tuttle, Roney, Gee

504 F.2d 891; 1974 U.S. App. LEXIS 5737 (Federal Reporter, Second Series)

Counsel

Bobby L. Forrest, Gerald E. Kiefer, Samuel A. Bacot, Baton Rouge, La., for plaintiffs-appellants., R. Gordon Kean, Jr., Robert L. Klein-peter, Baton Rouge, La., for Baton Rouge Savings., Ashton L. Stewart, Carlos G. Spaht, Baton Rouge, La., for Union Fed. Savings., Nealon Stracener, Cyrus J. Greco, Baton Rouge, La., for Guaranty Fed. Savings., Chapman L. Sanford, Baton Rouge, La., for Home Savings & Loan., F. W. Middleton, Jr., Baton Rouge, La., for The Capital Bldg. & Loan., Alton J. Reine, Jr., Baton Rouge, La., for Citizens Savings & Loan., Roland C. Kizer, Lawrence Roe Dodd, Baton Rouge, La., for defendants-appel-lees.

Cases that cite this one

12 later published cases cite this decision.

Anderson Foreign Motors, Inc. v. New England Toyota Distributor, Inc. (District Court, D. Massachusetts 1979)
Mortensen v. First Federal Savings And Loan Association (1st Cir. 1977)
Mortensen v. First Federal Savings & Loan Ass'n (3d Cir. 1977)
Amis v. Gulf Abstract & Title, Inc. (United States District Court for the Middle District of Florida 1983)
Foster v. Maryland State Savings & Loan Ass'n (D.C. Cir. 1978)
Benton, Benton & Benton, a Professional Law Corporation v. The Louisiana Public Facilities Authority, a Louisiana Public Trust and Public Corporation (5th Cir. 1990)
Amey, Inc., and John C. Amis, Jr. v. Gulf Abstract & Title, Inc., Amey, Inc., and John C. Amis, Jr. v. Gulf Abstract & Title, Inc. (11th Cir. 1985)
Williams v. Kleaveland (District Court, W.D. Michigan 1981)
Greenbelt Homes, Inc. v. Nyman Realty, Inc. (Md. Ct. Spec. App. 1981)
Kuhn v. West Alexandria Properties, Inc. (Alexandria County Circuit Court 1980)
John D. Sibley v. The Federal Land Bank of New Orleans, and Board of Commissioners of the Mississippi State Bar, Intervenor-Appellant (5th Cir. 1979)
Mortensen v. First Federal Savings & Loan Ass'n (District Court, D. New Jersey 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Two lawyers challenge, as antitrust violations under sections 1 and 2 of the Sherman Act, the practice followed by each defendant savings and loan association in requiring its borrowers to pay the legal fees of attorneys selected by the savings and loan association to examine titles for it, render title opinions to it, and prepare the necessary security agreements, when lending its money.

Under plaintiffs’ theory such requirement constitutes a tying arrangement by which the attorneys’ services are tied to the extension of credit in restraint of free competition and the practice deprives the plaintiffs of law business.

We agree with the defendant associations that their procedures are in accordance with the basic and fundamental right of all persons to use counsel of their own choice and within the requirements of state and federal law. We agree with the district court’s determination that this method of doing business does not constitute a sale of two products or a violation of the tied product prohibition of the antitrust laws.

The facts of the case and the legal basis for summary judgment for the de *892 fendants are fully and sufficiently set forth in Judge James A. Comiskey’s opinion published at 385 F.Supp. 831 (E.D.La. 1974).

Affirmed.

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