Nos. 04-1713 to 04-1717, 04-1719.

436 F.3d 782 (2006)


United States Court of Appeals, Seventh Circuit.

Decided February 6, 2006.

Attorney(s) appearing for the Case

Edward H. Wasmuth, Jr., James H. Bratton, Jr., Smith, Gambrell & Russell, Atlanta, GA, for Plaintiff-Appellant Southwire Company, Gaston Copper Recycling Corporation.

Bruce Birenboim, Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, for Defendant-Appellee Sumitomo Futures Corporation.

James H.R. Windels (argued), Davis, Polk & Wardwell, New York, NY, for Defendant-Appellee Morgan Guaranty Trust Company of New York.

H. Peter Haveles, Jr., Arnold & Porter, New York, NY, for Defendant-Appellee J.P. Morgan & Company, Incorporated.

Arthur M. Kaplan, Fine, Kaplan & Black, David H. Weinstein (argued), Weinstein Kitchenoff Scarlato, Philadelphia, PA, for Plaintiff-Appellant Asarco Incorporated, Kennecott Utah Copper Corporation, Leviton Manufacturing Company, Incorporated, American Insulated Wire Corporation, Essex Electric, Incorporated.

Mark A. Glick, Parsons, Behle & Latimer, Salt Lake City, UT, for Plaintiff-Appellant Kennecott Utah Copper Corporation.

Before CUDAHY, ROVNER, and WOOD, Circuit Judges.

WOOD, Circuit Judge.

Although this appeal arises out of the extensive alleged conspiracy to fix prices in various copper markets that this court addressed in Loeb Indus., Inc. v. Sumitomo Corp., 306 F.3d 469, 477 (7th Cir.2002) (Loeb I), the issues that concern us here would find a more comfortable home in a civil procedure class than an antitrust class. We must decide whether, on the basis of any of the theories the...

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