Burleigh House Condo., Inc. v. Buchwald, 546 F.2d 57 (5th Cir. 1977). · Go Syfert
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Burleigh House Condo., Inc. v. Buchwald, 546 F.2d 57 (5th Cir. 1977). Cases Citing This Book View Copy Cite
9 citation events across 5 distinct courts.
Strongest positive: Rohm & Haas Co. v. Dawson Chem. Co., 557 F. Supp. 739 (S.D. Tex. 1983)
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At page 58 sociation, brought this action on behalf of itself and its membership against the developer, Burleigh House, Inc., and Herbert Buchwald, Trustee of the…1 citing caseopening of page *58 (no citing court says what it cites this page for)
  • Rohm & Haas Co. v. Dawson Chem. Co., 557 F. Supp. 739 (S.D. Tex. 1983).published
    Associated General Contractors v. Otter Tail Power Co., 611 F.2d 684, 687-91 (8th Cir.1979); Burleigh House Condominium, Inc. v. Buchwald, 546 F.2d 57, 58 (5th Cir.), cert. denied, 433 U.S. 909 , 97 S.Ct. 2975 , 53 L.Ed.2d 1093 (1977); Buc…
Other citing cases2 with no pin cite or quoted language on record
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BURLEIGH HOUSE CONDOMINIUM, INC., a non profit Florida Corporation, on behalf of itself and its membership
v.
Herbert BUCHWALD, Individually, and as Trustee, and Burleigh House, Inc., a Florida Corporation for profit, Individually, jointly and severally, Honorable Robert Shevin, as Representative of the State of Florida
No. 76-1847.
Court of Appeals for the Fifth Circuit.
Jan 26, 1977.
Published opinion
546 F.2d 57
1977 U.S. App. LEXIS 10339
Joseph S. Paglino, Miami, Fla., for plaintiff-appellant., Darrey A. Davis, Miami, Fla., for defendants-appellees.
Fay, Gee, Gewin.
Cited by 8 opinions  |  Published
PER CURIAM:

Appellant, Burleigh House Condominium, Inc., a non-profit Florida condominium as[*58]sociation, brought this action on behalf of itself and its membership against the developer, Burleigh House, Inc., and Herbert Buchwald, Trustee of the Burleigh House Condominiums for alleged violations of the Sherman Act, 15 U.S.C. §§ 1 and 2. This cause went to trial and, at the close of the evidence offered by appellant, the district court granted appellee’s motion for directed verdict. The condominium association appealed on several grounds but we will not reach those issues. This Court’s primary concern is whether or not the condominium association has standing to sue as a real party in interest under 15 U.S.C. § 15. This question was raised by the appellees in their motion to dismiss filed March 4, 1975 which the district court denied.

In a case with remarkably similar facts and issues this court held that a condominium association lacks standing to maintain an action under the antitrust statutes. Buckley Towers Condominium, Inc. v. Buchwald, 533 F.2d 934 (5th Cir. 1976).

Therefore, we vacate the judgment of the trial court and remand for entry of an order of dismissal.