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PREWITT ENTERPRISES v. ORGANIZATION OF PETROLEUM

No. 03-11580.

353 F.3d 916 (2003)

PREWITT ENTERPRISES, INC., on its own behalf and on behalf of all others similarly situated, Plaintiff-Appellant, v. ORGANIZATION OF PETROLEUM EXPORTING COUNTRIES, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 18, 2003.

Attorney(s) appearing for the Case

Michael Straus, Straus & Boies, LLP, Mark J. Schirmer, Birmingham, AL, Jeffrey A. Bartos, Guerrieri, Edmond & Clayman, Washington, DC, David Boies, Boies, Schiller & Flexner, LLP, Robert J. Dwyer, Armonk, NY, for Plaintiff-Appellant.

Thomas S. Martin, Perry S. Bechky, Kristine A. Huskey, Shaniek Mills Maynard, Jonathan Richard DeFosse, Washington, DC, J. Mark White, White, Dunn & Booker, M. Christian King, Lightfoot, Franklin & White, LLC, Sam C. Pointer, Jr., Birmingham, AL, for Defendant-Appellee.

Gregory S. Coleman, Austin, TX, William F. Gardner, Cabaniss, Johnston, Gardner, Dumas & O'Neal, N. Lee Cooper, Maynard, Cooper & Gale, Birmingham, AL, Carolyn B. Lamm, White & Case, Louis George Ferrand, Thomas C. Green, Sidley & Austin, William J. Kolasky, Jr., Washington, DC, Thomas J. O'Sullivan, New York City, for Amici Curiae.

Before ANDERSON, BARKETT and RONEY, Circuit Judges.

BARKETT, Circuit Judge:

Prewitt Enterprises, Inc. ("Prewitt") appeals from the dismissal of its complaint against the Organization of the Petroleum Exporting Countries ("OPEC") for insufficient service of process and from the denial of its motion for alternative service of process. Prewitt's complaint against OPEC alleged a violation of the Sherman Act, 15 U.S.C. § 1,1 for illegal price-fixing agreements on production and export of...

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