Bryan v. Stillwater Board of Realtors

BARRETT, Circuit Judge.

J. P. Bryan (Bryan) appeals from the order of the district court granting appel-lees’ Motion to Dismiss complaint and cause of action for failure to state a claim upon which relief may be granted and for lack of jurisdiction over the subject matter because the activity complained of “. . . is local and does not restrain trade or commerce among the several states.” [R., Vol. I, p. 77.] The trial court held that the absence of subject matter jurisdiction [Fed. Rules Civ.Proc., rule 12(b)(1), 28 U.S.C.A.] and the failure to state a claim upon which relief may be granted…