Fifth Moorings Condominium, Inc. v. Shere

MEMORANDUM OPINION ON CLASS CERTIFICATION

ATKINS, Chief Judge.

Plaintiffs filed a class action complaint alleging that the defendants have engaged in a conspiracy in restraint of trade in violation of the Sherman Act, by tying the obligations of a 99 year lease of recreational facilities to the purchase of condominium apartments. The plaintiffs allege that the provisions of the recreational lease have been continually enforced against the condominium unit owners and their Association. For the reasons hereinafter delineated, a class was certified under Rule 23(b)(3) in the order entered February…