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This section contains the nature of the case and procedural background.

Goldfarb (P) wanted to buy a house in Fairfax County and that required title insurance. Only Virginia State Bar members could legally perform a title examination. P contacted a lawyer who quoted them a precise fee suggested as the minimum by the Fairfax County Bar Association. That was 1% of the value of the property involved. P then tried to find a lawyer who would do the work for less but found no one. P brought this class action for fee fixing in violation of the Sherman Act. Ps sought injunctive relief and damages.

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