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TUCKER v. APPLE COMPUTER, INC.

No. C 06-04457 JW.

493 F.Supp.2d 1090 (2006)

Melanie TUCKER, Plaintiff, v. APPLE COMPUTER, INC., Defendant.

United States District Court, N.D. California. San Jose Division.

December 20, 2006.

Attorney(s) appearing for the Case

Bonny E. Sweeney, Gregory S. Weston, Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, CA, Andrew S. Friedman, Elaine A. Ryan, Todd D. Carpenter, Bonnett Fairbourn Friedman & Balint, P.C., Phoenix, AZ, for Plaintiff.

Robert A. Mittelstaedt, Adam Richard Sand, Esq., Tracy Strong, Jones Day, San Francisco, CA, for Defendant.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

WARE, District Judge.

I. INTRODUCTION

Plaintiff Melanie Tucker ("Plaintiff") brings this antitrust action against Defendant Apple Computer, Inc. ("Apple"), alleging violations of the Sherman Act, 15 U.S.C. § 1, et seq., and related state law claims. Plaintiff alleges that Apple has unlawfully tied sales of its iPod portable digital music player and online digital music files sold through...

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