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GERLINGER v. AMAZON.COM INC.

No. 05-17328.

526 F.3d 1253 (2008)

Gary GERLINGER, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. AMAZON.COM INC.; BORDERS GROUP, INC., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2008.

Attorney(s) appearing for the Case

Roy A. Katriel, Washington, D.C., for the plaintiff-appellant.

Joel Sanders, San Francisco, California, for defendant-appellee Amazon.com.

Reginald Steer, San Francisco, California, for defendant-appellee Borders Group.

Before: MARY M. SCHROEDER, JAY S. BYBEE, Circuit Judges, and GEORGE H. WU, District Judge.

SCHROEDER, Circuit Judge:

The plaintiff, Gary Gerlinger, like so many of us, purchases books and related items online. He filed this antitrust action to challenge a marketing agreement between Amazon.com Inc., an online bookseller, and Borders Group, Inc., a brick-and-mortar bookseller. He appeals the district court's dismissal for lack of standing. We agree with the district court that the plaintiff lacks standing because he did not show that he ever purchased an...

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