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GERLINGER v. AMAZON.COM, INC.

No. C 02-05238 MHP.

311 F.Supp.2d 838 (2004)

Gary GERLINGER, individually, on behalf of all others similarly situated, and on behalf of the California general public, Plaintiff, v. AMAZON.COM, INC.; Borders Group, Inc.; Borders, Inc.; Borders Online, LLC; and Borders Online, Inc., Defendants.

United States District Court, N.D. California.

March 23, 2004.

Attorney(s) appearing for the Case

Robert C. Schubert, Juden Justice Reed, Miranda Kolbe, Schubert & Reed LLP, San Francisco, CA, Roy A. Katriel, The Katriel Law Firm, P.L.L.C., Washington, D.C., for Plaintiff.

Joel S. Sanders, George Charles Nierlich, Gibson, Dunn & Crutcher LLP, Reginald D. Steer, Akin Gump Strauss Hauer & Feld, San Francisco, CA, Dianne L. Sweeney, Pillsbury Winthrop LLP, Palo Alto, CA, for Defendants.

MEMORANDUM & ORDER RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS; DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

PATEL, Chief Judge.

Plaintiff challenges an agreement between Amazon.com, Inc. and Borders Online, LLC as violating federal and California antitrust laws, the California unfair competition law and the common law of unjust enrichment. Defendants have moved for summary judgment on all claims. Plaintiff moves for judgment on the pleadings...

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