590 F.2d 242 (7th Cir. 1978), 78-1133, United States v. American Institute of Real Estate Appraisers of Nat. Ass'n of Realtors

Docket Nº:78-1133.
Citation:590 F.2d 242
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS OF the NATIONAL ASSOCIATION OF REALTORS et al., Defendants-Appellees, v. John E. MILLOWAY, Intervenor-Appellant.
Case Date:December 21, 1978
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 242

590 F.2d 242 (7th Cir. 1978)

UNITED STATES of America, Plaintiff-Appellee,

v.

AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS OF the NATIONAL

ASSOCIATION OF REALTORS et al., Defendants-Appellees,

v.

John E. MILLOWAY, Intervenor-Appellant.

No. 78-1133.

United States Court of Appeals, Seventh Circuit

December 21, 1978

Argued Sept. 25, 1978.

Page 243

Marc Cooper, Miami, Fla., for intervenor-appellant.

Thomas M. Keeling, Dept. of Justice, Washington, D. C., Harold J. Bressler, Chicago, Ill., for plaintiff-appellee.

Before CASTLE, Senior Circuit Judge, and TONE and WOOD, Circuit Judges.

TONE, Circuit Judge.

Relying on 28 U.S.C. § 1292(a)(1), intervenor-appellant John Milloway, a member of the American Institute of Real Estate Appraisers of the National Association of Realtors, seeks review of an order approving the proposed settlement between the United States and one of the four defendants in the case, the Institute. The order appealed from is not a refusal to grant an injunction within the meaning of § 1292(a)(1), and we therefore dismiss this appeal for lack of jurisdiction.

The United States brought this action against the Institute, the Society of Real Estate Appraisers, the United States League of Savings Associations, and the Mortgage Bankers Association of America, seeking equitable and declaratory relief for alleged violations of the Fair Housing Act, 42 U.S.C. §§ 3601, Et seq. In the "Complaint for Intervention" submitted with a motion for intervention on behalf of Milloway

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and others it was alleged that the proposed settlement violated the First Amendment rights of the Institute's members. It was also alleged "that the governing council exceeded its authority . . . by entering into the agreement; that the agreement constitutes an amendment of the existing code of professional ethics; and that it constitutes a violation of the by-laws in that the agreement amounts to an amendment of the by-laws without proper notice to members." The intervenors sought "an order compelling (the Institute) to submit the settlement agreement to its members for their review and restraining (the Institute) from entering into it, prior to membership approval." United States v. American Institute of Real Estate Appraisers of the National Association of Realtors, 442 F.Supp. 1072, 1078 (N.D.Ill.1977).

The District Court denied intervention as of right, but granted permissive intervention for the...

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