Robert W. Johnson v. Nationwide Industries, Inc.

FAIRCHILD, Senior Circuit Judge.

This is an appeal from denial of defendants’ motions to dismiss or for summary judgment. 1

Each of the two plaintiffs (suing also as class representatives) purchased and owns one unit of a high-rise condominium on Chicago’s lakefront. It contains 940 units. They complain that defendants, some of whom were involved in the conversion of a rental building into this condominium in 1973 and some in later sales, 2 violated § 1 of the Sherman Act by tying a building management contract to the sale of the units. 3 Defendants contend that the sale of a unit subject to a…