E & L CONSULTING, LTD. v. DOMAN INDUSTRIES LTD.

Docket No. 05-1751-CV.

472 F.3d 23 (2006)

E & L CONSULTING, LTD., doing business as C.B.C. Lumber, Co., and C.B.C. Wood Products, Inc., Plaintiffs-Appellants, v. DOMAN INDUSTRIES LIMITED, Eacom Timber Sales Ltd. and Sherwood Lumber Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 15, 2006.


Attorney(s) appearing for the Case

E. Christopher Murray (Megan F. Carroll, on the brief) Reisman, Peirez & Reisman, L.L.P., Garden City, NY, for Plaintiffs-Appellants.

Thomas J. McNamara, Certilman Balin Adler & Hyman, LLP, East Meadow, NY, for Defendant-Appellee Sherwood Lumber Corp.

Kelly M. Hnatt (Matthew P. Bosher, Leigh M. Nemetz, on the brief) Willkie Farr & Gallagher LLP, New York, NY, for Defendants-Appellees Doman Industries Limited and Eacom Timber Sales Ltd.

Before WINTER, POOLER, and SOTOMAYOR, Circuit Judges.


WINTER, Circuit Judge.

E & L Consulting, Ltd. ("E & L"), which does business under the name C.B.C. Lumber, Co., and C.B.C. Wood Products, Inc. appeal from Judge Trager's dismissal of their complaint against a Canadian lumber company and its exclusive distributor. The complaint asserts, among other things, that a distribution agreement between appellees violates Section 1 of the Sherman Act, that the agreement is part of a monopolization scheme, and that the...

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