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PSKS, INC. v. LEEGIN CREATIVE LEATHER PRODUCTS, INC.

No. 04-41243.

498 F.3d 486 (2007)

PSKS, INC., doing business as Kay's Kloset . . . Kay's Shoes; Toni Cochran L.L.C., doing business as Toni's, Plaintiffs-Appellees, v. LEEGIN CREATIVE LEATHER PRODUCTS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 30, 2007.

Attorney(s) appearing for the Case

David Neil Smith, Nix, Patterson & Roach, Daingerfield, TX, for PSKS, Inc.

Robert W. Coykendall, Ken M. Peterson, Morris, Laing, Evans, Brock & Kennedy, Wichita, KS, for Plaintiffs-Appellees.

Jeffrey Scott Levinger, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, Theodore B. Olson, Michael L. Denger, Gibson, Dunn & Crutcher, Washington, DC, Tyler Alexander Baker, III, G. Aaron Myers, Fenwick & West, Mountain View, CA, for Defendant-Appellant.

Before BARKSDALE and CLEMENT, Circuit Judges, and ENGELHARDT, District Judge.

PER CURIAM:

Our court upheld application of the antitrust per se rule to Leegin Creative Leather Products, Inc.'s imposing a vertical minimum price-fixing agreement on its retailer, PSKS, Inc., doing business as Kay's Kloset . . . Kay's Shoes. PSKS, Inc. v. Leegin Creative Leather Prods., Inc., 171 Fed.Appx. 464 (5th Cir.2006). The Supreme Court reversed, holding "[v]ertical price restraints are to be judged according to the rule of reason" and "remanded...

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