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ABRAMS v. INTERCO INC.

No. 1450, Docket 83-7151.

719 F.2d 23 (1983)

Burton M. ABRAMS and Marguerite M. Abrams, Plaintiffs-Appellants, v. INTERCO INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 28, 1983.

Attorney(s) appearing for the Case

Richard M. Meyer, New York City (Arthur Wyler Mercado, Milberg Weiss Bershad Specthrie & Lerach, Thomas Farrell, and Gold, Farrell & Marks, New York City, of counsel), for plaintiffs-appellants.

Erwin C. Heininger, Chicago, Ill. (Scott J. Davis, Joel I. Riff, Mayer, Brown & Platt, Chicago, Ill., Howard I. Rhine, Kramer, Coleman & Rhine, New York City and Keith F. Mattern, Stephen Miller, Interco Incorporated, St. Louis, Mo., of counsel), for defendant-appellee.

Before FRIENDLY, KEARSE and CARDAMONE, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal in a private antitrust action for treble damages in the District Court for the Southern District of New York for illegal price-fixing raises two principal questions. One is whether the District Court properly denied the certification of a class consisting of all persons throughout the nation who bought any of defendant's products in the four years preceding the filing of the complaint, 93 F.R.D. 331 (1981). The other is whether...

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