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CENTURY 21 REAL ESTATE CORP. v. NEVADA REAL ESTATE

Civ. No. R-76-136 BRT.

448 F.Supp. 1237 (1978)

CENTURY 21 REAL ESTATE CORPORATION, a California Corporation, Century 21 Real Estate of Arizona, Inc., an Arizona Corporation, Southern Nevada Franchise Service Co., Inc., a Nevada Corporation, and Robert E. Barrett, and Barrett & Co., Inc. Realtors, a Nevada Corporation, Plaintiffs, v. The NEVADA REAL ESTATE ADVISORY COMMISSION, Robert W. Hass, Elizabeth M. Krolak, Fred M. Schultz, Olivia D. Silvagni and Carl F. Fuetsch, members thereof and Angus W. McLeod, Administrator of the Nevada Real Estate Division, Defendants.

United States District Court, D. Nevada.

April 12, 1978.

Attorney(s) appearing for the Case

Samuel W. Belford II and J. Stephen Peek of Hale, Belford, Lane & Peek, Reno, Nev., John P. Moravek, Irvine, Cal., for plaintiffs.

Lewis & Roca, Phoenix, Ariz., for third party plaintiff Red Carpet Corp. of America.

Robert List, Atty. Gen. for Nevada, Carson City, Nev., for defendants.

Before MERRILL, Circuit Judge, and FOLEY and THOMPSON, District Judges.

OPINION

THOMPSON, District Judge:

A three-judge court has been convened to determine the validity of a regulation of the Nevada Real Estate Advisory Commission requiring franchised brokers to display their names as prominently as their franchisors' in all advertisements. We sustain the regulation against the plaintiffs' constitutional attack. This holding rests on negative answers to the following principal...

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