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VALUEPEST.COM OF CHARLOTTE, INC. v. BAYER CORP.

No. 07-1760.

561 F.3d 282 (2009)

VALUEPEST.COM OF CHARLOTTE, INCORPORATED, formerly known as Budget Pest Prevention, Incorporated; National Pest Control, Incorporated; Pest Pros, Incorporated, individually and on behalf of persons similarly situated, Plaintiffs-Appellants, v. BAYER CORPORATION; Bayer Cropscience LP; BASF Corporation, Defendants-Appellees, and Orkin, Incorporated; The Terminix International Company Limited Partnership, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 24, 2009.

Attorney(s) appearing for the Case

ARGUED: David Barry, Barry & Associates, San Francisco, California, for Appellants. Glen David Nager, Jones Day, Washington, D.C., for Appellees. ON BRIEF: Michael D. Bland, Benjamin L. Worley, Weaver, Bennett & Bland, P.A., Matthews, North Carolina; Forrest A. Ferrell, Warren A. Hutton, Sigmon, Clark, Mackie, Hutton, Hanvey & Ferrell, P.A., Hickory, North Carolina, for Appellants. Larry S. McDevitt, Van Winkle, Buck, Wall, Starnes and Davis, P.A., Asheville, North Carolina; Lawrence D. Rosenberg, Jones Day, Washington, D.C.; George T. Manning, Jones Day, Atlanta, Georgia, for Appellees Bayer Corporation and Bayer CropScience LP. Douglas W. Ey, Jr., Catherine E. Thompson, William C. Mayberry, Jason D. Evans, Helms, Mullis & Wicker, P.L.L.C., Charlotte, North Carolina, for Appellee BASF Corporation.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge TRAXLER and Judge SHEDD joined.

OPINION

WILKINSON, Circuit Judge:

In this Sherman Act suit, plaintiffs, who provide pest control services to individual customers, allege that defendants, who manufacture pesticides, illegally conspired with their distributors to set minimum resale prices of certain termiticide products. Specifically, plaintiffs claim that defendant manufacturers Bayer CropScience LP and Bayer Corp. (hereinafter collectively referred to as "Bayer") and BASF Corp. each engaged...

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