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JOHN v. WHOLE FOODS MARKET GROUP, INC.

Docket No. 16-986-cv August Term, 2016.

858 F.3d 732 (2017)

Sean JOHN, individually and on behalf of all others similarly situated, Plaintiff-Appellant, Joseph Bassolino, individually and on behalf of all others similarly situated, Consolidated Plaintiff, v. WHOLE FOODS MARKET GROUP, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 2, 2017.

Attorney(s) appearing for the Case

DOUGLAS G. BLANKINSHIP , Finkelstein, Blankinship, Frei-Pearson & Garber, LLP, White Plains, NY, for Plaintiff-Appellant.

DAVID E. SELLINGER ( Gregory J. Casas , Elliot H. Scherker , Brigid F. Cech Samole , on the brief), Greenberg Traurig, LLP, New York, NY, Austin, TX, Miami, FL, for Defendant-Appellee.

Before: KEARSE, JACOBS, and LOHIER, Circuit Judges.

Sean John filed a putative class action alleging that New York City grocery stores operated by Whole Foods Market Group, Inc. systematically overstated the weights of pre-packaged food products and overcharged customers as a result. The United States District Court for the Southern District of New York (Engelmayer,

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