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IN RE NEW MOTOR VEHICLES CANADIAN EXPORT ANTITRUST

No. 07-1990.

533 F.3d 1 (2008)

In re NEW MOTOR VEHICLES CANADIAN EXPORT ANTITRUST LITIGATION, Barry Cohen; Sarah Epstein; Phineas A. Adler, Plaintiffs, Suri Skorski; Eli Elbaz; Sean Gregor and Assoc., Co., L.P.A., Plaintiffs, Appellants, v. General Motors Corporation; Ford Motor Company; American Honda Motor Company Inc.; Daimlerchrysler Corporation; Daimlerchrysler Motors Co., LLC; Mercedes-Benz USA, LLC; GMAC LLC; Daimlerchrysler Financial Services Americas LLC, Defendants, Appellees, National Automobile Dealers Association; Bass Fineburg Leasing Inc.; General Motors Acceptance Corp., Defendants.

United States Court of Appeals, First Circuit.

Decided June 30, 2008.

Attorney(s) appearing for the Case

Mark Schlachet, for appellants.

William J. Kayatta, Jr., with whom Clifford H. Ruprecht, Pierce Atwood LLP, James C. Egan, Jr., Kirsten A. Lockhart, Carrie M. Anderson, and Weil Gotshal & Manges were on brief, for appellees Chrysler LLC, Chrysler Motors LLC, DaimlerChrysler Financial Services Americas LLC, and Mercedes-Benz USA, LLC.

John H. Rich III, Perkins & Thompson, P.A., Robert A. Van Nest, Ragesh K. Tangri, Rachael E. Meny, Daniel Purcell, and Keker & Van Nest, LLP were on brief, for appellee American Honda Motor Co., Inc.

Margaret M. Zwisler, William R. Sherman, and Latham & Watkins LLP were on brief, for appellee Ford Motor Company.

Richard C. Godfrey, David J. Zott, Daniel E. Laytin, and Kirkland & Ellis LLP were on brief, for appellees General Motors Corp. and GMAC LLC.

Before LYNCH, Chief Judge, CUDAHY, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

LYNCH, Chief Judge.

Plaintiffs, lessees of new cars produced by defendant manufacturers, appeal the dismissal of their putative class action lawsuit in which they seek antitrust damages under section 1 of the Sherman Act, 15 U.S.C. § 1, and section 4 of the Clayton Act, 15 U.S.C. § 15. See In re New Motor Vehicles Canadian Exp. Antitrust Litig. (Motor Vehicles II), 490 F.Supp.2d 13 (D.Me.2007). Plaintiffs...

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