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JACOBS v. TEMPUR-PEDIC INTERN., INC.

No. 08-12720.

626 F.3d 1327 (2010)

Benny JACOBS, Wanda Jacobs, Plaintiffs-Appellants, v. TEMPUR-PEDIC INTERNATIONAL, INC., Tempur-Pedic North America, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 2, 2010.

Attorney(s) appearing for the Case

James M. Wilson, Jr., Craig Gordon Harley, Chitwood, Harley, Harnes, LLP, Atlanta, GA, Robert Kirtley Finnell, The Finnell Firm, Rome, GA, Philip D. Bartz, Donna M. Donlon, Nicholas S. Sloey, McKenna, Long & Aldridge, LLP, Washington, DC, for Plaintiffs-Appellants.

William N. Berkowitz, Brandon L. Bigelow, Bingham McCutchen, LLP, Boston, MA, Jesse Anderson Davis Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP, Rome, GA, for Defendants-Appellees.

Before TJOFLAT and EDMONDSON, Circuit Judges, and RYSKAMP, District Judge.

TJOFLAT, Circuit Judge:

Tempur-Pedic North America, Inc. ("TPX") manufactures visco-elastic Tempur-Pedic foam mattresses and sells them to consumers nationwide through distributors and its own website. These sales amount to eighty to ninety percent of the visco-elastic foam mattresses sold in the United States.1 TPX sets the minimum retail prices the distributors can charge for its mattresses; TPX adheres to those minimum prices in the...

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