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IN RE AUTOMOTIVE REFINISHING PAINT ANTITRUST

No. 02-4272.

358 F.3d 288 (2004)

In re: AUTOMOTIVE REFINISHING PAINT ANTITRUST LITIGATION BASF AG and BASF Coatings AG, Appellants.

United States Court of Appeals, Third Circuit.

Filed: February 13, 2004.

Attorney(s) appearing for the Case

Stephen Fishbein (Argued), Shearman & Sterling, New York, Edward W. Madeira, Jr., Matthew J. Hamilton, Pepper Hamilton, Philadelphia, Raymond A. Just, Shearman & Sterling, San Francisco, for Appellant.

Geoffrey C. Hazard, Jr. (Argued), University of Pennsylvania, The Law School, Philadelphia, Gerald J. Rodos, Barrack, Rodos & Bacine, Philadelphia, Warren Rubin, Law Offices of Bernard M. Gross, Philadelphia, Joseph C. Kohn, Robert J. LaRocca, Kohn, Swift & Graf, Philadelphia, Howard I. Langer, Columb, Honik & Langer, Philadelphia, for Appellees.

William T. Hangley, Hangley, Aronchick, Segal & Pudlin, Philadelphia, for Amicus-Appellant, Fedr. German Ind.

James J. Rodgers, Dilworth Paxson, Philadelphia, for Amicus-Appellant, Fed. Republic Germany.

Before ROTH, McKEE, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This certified interlocutory appeal, arising out of alleged unlawful price-fixing by both domestic and foreign corporations, raises questions of considerable importance in antitrust litigation involving foreign nationals. Three of the issues are of first impression to this Court. The first issue is whether worldwide service of process authorized under Section 12 of the Clayton Act, 15 U.S.C. § 22, upon foreign...

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