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NACS, INC. v. CAMBRIDGE UNIVERSITY PRESS

No. 97 Civ. 5391(SAS).

990 F.Supp. 245 (1997)

NATIONAL ASSOCIATION OF COLLEGE BOOKSTORES, INC., on behalf of itself and all its members, Bookcraft, Inc., d/b/a Beaver Bookstore, Michigan College Book Company, Inc., and Spartan Shops, Inc., d/b/a Spartan Bookstore, Plaintiffs, v. CAMBRIDGE UNIVERSITY PRESS, Oxford University Press, Inc. and Addison Wesley Longman, Inc. Defendants.

United States District Court, S.D. New York.

Order Denying Reconsideration December 17, 1997.

Attorney(s) appearing for the Case

John B. Madden, Jr., Arent Fox Kintner, Plotkin & Kahn, New York City, Marc L. Fleischaker, Arent Fox Kintner, Plotkin & Kahn, Washington, DC, for Plaintiffs.

Sidney S. Rosdeitcher, Paul, Weiss, Rifkind, Wharton & Garrison, Mark A. Fowler, Satterlee Stephens, Burke & Burke L.L.P., New York City, Neil M. Motenko, Nutter, McClennen & Fish, L.L.P., Boston, MA, Julie A. North, Cravath, Swaine & Moore, New York City, for Defendants.

OPINION AND ORDER

SCHEINDLIN, District Judge.

Plaintiffs filed a Complaint on July 23, 1997, alleging violations of 15 U.S.C. § 13 (the "Robinson-Patman Act" or "the Act"). Plaintiffs seek an order enjoining defendant publishing companies from continuing to sell books pursuant to certain allegedly unlawful discount policies. Defendants now move to dismiss under Fed.R.Civ.P. 12(b)(1) and 12(b)(6), asserting that plaintiff National Association...

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