Bobby L. Forrest and Gerald E. Kiefer, D/B/A Forrest & Kiefer v. The Capital Buildings & Loan Assn.

Two lawyers challenge, as antitrust violations under sections 1 and 2 of the Sherman Act, the practice followed by each defendant savings and loan association in requiring its borrowers to pay the legal fees of attorneys selected by the savings and loan association to examine titles for it, render title opinions to it, and prepare the necessary security agreements, when lending its money.

Under plaintiffs’ theory such requirement constitutes a tying arrangement by which the attorneys’ services are tied to the extension of credit in restraint of free competition and the practice deprives the…