combining analysis of Mississippi and federal antitrust claims
How later courts described this case
- combining analysis of Mississippi and federal antitrust claims
- referring to an MLS as a service
- use of "et al." and plural "Plaintiffs" held sufficient in "limited context" of only two plaintiffs
- “If properly administered, membership requirements serve pro-competitive purposes.”
Written by the judges who cited it.
The opinion
ALVIN B. RUBIN, Circuit Judge,
concurring in part and concurring in the result:
I concur in the whole of the court’s opinion except its resolution of the Popes’ constitutional challenges to Mississippi’s statutory prohibition against their giving gifts to customers under Miss.Code Ann. § 73-35-21. I do not agree with the court that the Popes’ challenges are sufficiently substantial to require us to construe § 73-35-21 and to imply to the State of Mississippi that this law may be unconstitutional if the State does not accept our construction. Nonetheless, and for the same reason, I concur in the court’s result.