IN RE COTTON YARN ANTITRUST LITIGATION

Nos. 05-2392, 05-2393.

505 F.3d 274 (2007)

In re COTTON YARN ANTITRUST LITIGATION Atlantic Textiles, on behalf of itself and all others similarly situated; South Carolina Tees, Incorporated, on behalf of itself and all others similarly situated; Lisa Lesavoy, Successor in Interest to Apparel Sales & Printing, Incorporated, on behalf of herself and all others similarly situated; Armen Company, Incorporated, on behalf of itself and all others similarly situated; Mekfir International Corporation, on behalf of itself and all others similarly situated; Dell Cartier Associates, Incorporated, on behalf of itself and all others similarly situated; Perfect Fit Glove Company, LLC, individually and on behalf of all others similarly situated; Ronald Little, formerly doing business as Star Flight Hosiery, Incorporated, on behalf of himself and all others similarly situated; Thomaston Mills, Incorporated, by and through Charles Crumley, Trustee in Bankruptcy, on behalf of itself and all others similarly situated, Plaintiffs-Appellees, v. Avondale Incorporated; Avondale Mills, Incorporated, Defendants-Appellants, and Frontier Spinning Mills, Incorporated; Parkdale America, LLC; Parkdale Mills, Incorporated; Unifi, Incorporated, Defendants. In re Cotton Yarn Antitrust Litigation Atlantic Textiles, on behalf of itself and all others similarly situated; South Carolina Tees, Incorporated, on behalf of itself and all others similarly situated; Lisa Lesavoy, Successor in Interest to Apparel Sales & Printing, Incorporated, on behalf of herself and all others similarly situated; Armen Company, Incorporated, on behalf of itself and all others similarly situated; Mekfir International Corporation, on behalf of itself and all others similarly situated; Dell Cartier Associates, Incorporated, on behalf of itself and all others similarly situated; Perfect Fit Glove Company, LLC, individually and on behalf of all others similarly situated; Ronald Little, formerly doing business as Star Flight Hosiery, Incorporated, on behalf of himself and all others similarly situated; Thomaston Mills, Incorporated, by and through Charles Crumley, Trustee in Bankruptcy, on behalf of itself and all others similarly situated, Plaintiffs-Appellees, v. Frontier Spinning Mills, Incorporated, Defendant-Appellant, and Avondale Incorporated; Avondale Mills, Incorporated; Parkdale America, LLC; Parkdale Mills, Incorporated; Unifi, Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: October 12, 2007.


Attorney(s) appearing for the Case

ARGUED: Shari Ross Lahlou, Crowell & Moring, L.L.P., Washington, D.C.; Jeffrey S. Cashdan, King & Spalding, L.L.P., Atlanta, Georgia, for Appellants. Larry Stephen McDevitt, Van Winkle, Buck, Wall, Starnes & Davis, P.A., Asheville, North Carolina; Steven A. Asher, Weinstein, Kitchenoff & Asher, L.L.C., Philadelphia, Pennsylvania, for Appellees. ON BRIEF: Jonathan A. Berkelhammer, Jonathan P. Heyl, Smith Moore, L.L.P., Greensboro, North Carolina; John S. Darden, King & Spalding, L.L.P., Atlanta, Georgia, for Appellants Avondale Incorporated and Avondale Mills, Incorporated; James T. Williams, Jr., Jennifer K. Van Zant, Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, North Carolina; Kent A. Gardiner, Crowell & Moring, L.L.P., Washington, D.C., for Appellant Frontier Spinning Mills, Incorporated. Anthony J. Bolognese, Michael E. Gehring, Bolognese & Associates, L.L.C., Philadelphia, Pennsylvania; Joseph C. Kohn, Steven M. Steingard, Kohn, Swift & Graf, P.C., Philadelphia, Pennsylvania; Mindee J. Reuben, Weinstein, Kitchenoff & Asher, L.L.C., Philadelphia, Pennsylvania; Steven A. Kanner, William H. London, Melinda J. Morales, Much, Shelist, Freed, Denenberg, Ament & Rubenstein, P.C., Chicago, Illinois; Robert C. Cone, Tuggle, Duggins & Meschan, P.A., Greensboro, North Carolina, for Appellees.

Before WILLIAMS, Chief Judge, TRAXLER, Circuit Judge, and THOMAS E. JOHNSTON, United States District Judge for the Southern District of West Virginia, sitting by designation.


Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion for the court, in which Chief Judge WILLIAMS concurred as to Part II and in which Judge JOHNSTON concurred as to Parts I, II(A), and II(B)(1). Chief Judge WILLIAMS wrote an opinion dissenting from Part I of the opinion of the court. Judge JOHNSTON wrote an opinion dissenting from Parts II(B)(2) and II(B)(3) of the opinion of the court.

OPINION

TRAXLER, Circuit Judge:

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