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GROSS v. NEW BALANCE ATHLETIC SHOE, INC.

No. 96 Civ. 4921 (RWS). MDL-1154.

955 F.Supp. 242 (1997)

Mark GROSS and Ellen M. Sullivan, individually and on behalf of all others similarly situated, Plaintiffs, v. NEW BALANCE ATHLETIC SHOE, INC., Defendant.

United States District Court, S.D. New York.

February 11, 1997.

Attorney(s) appearing for the Case

Bernstein Litowitz Berger & Grossmann (Jeffrey A. Klafter, Seth R. Lesser, of counsel), New York City, for Plaintiffs.

Curtis, Mallet-Prevost, Colt & Mosle (Turner P. Smith, of counsel), New York City, for Defendant.

OPINION

SWEET, District Judge.

Defendant New Balance Athletic Shoe, Inc. ("New Balance") has moved to dismiss Plaintiffs' antitrust class action lawsuit and certain pendent state law claims.

For the reasons set forth below, New Balance's motion will be granted.

Parties

Defendant New Balance is an athletic shoe manufacturer.

Plaintiffs Ellen M. Sullivan ("Sullivan") and Mark Gross ("Gross") are individuals residing...

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