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STERLING MERCHANDISING, INC. v. NESTLE, S.A.

No. 10-1925.

656 F.3d 112 (2011)

STERLING MERCHANDISING, INC., Plaintiff, Appellant, v. NESTLÉ, S.A., Payco Foods Corporation, and Nestlé Puerto Rico, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 1, 2011.

Attorney(s) appearing for the Case

Daniel L. Goldberg , with whom Alicia L. Downey , Bingham McCutchen LLP, Jeffrey M. Williams , David C. Indiano , Seth A. Erbe , Indiano & Williams, PSC, Kevin J. O'Connor , David J. Gilles , Godfrey & Kahn, SC, and Javier A. Morales-Ramos were on brief, for appellant.

Carmine R. Zarlenga , with whom Mayer Brown LLP, Wm. Bradford Reynolds , Erik T. Koons , Howrey LLP, Luis A. Oliver , Roberto A. Cámara-Fuertes , and Fiddler González & Rodríguez , PSC were on brief, for appellees.

Before LYNCH, Chief Judge, LIPEZ and THOMPSON, Circuit Judges.

LYNCH, Chief Judge.

Sterling Merchandising, Inc., sued Nestlé Puerto Rico, Inc. (Nestlé PR), and a group of Nestlé corporations including Nestlé, S.A., Nestlé Holdings, Inc. and Payco Foods Corporation (Payco). The suit alleges various federal Clayton Act, 15 U.S.C. §§ 12-27, and Sherman Act, 15 U.S.C. §§ 1-7, antitrust violations and pendent Puerto Rico law claims stemming from...

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