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LOUISVILLE/JEFFERSON COUNTY METRO v. HOTELS.COM

Nos. 08-6302, 08-6303.

590 F.3d 381 (2009)

LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT and Lexington-Fayette Urban County Government, Plaintiffs-Appellants, v. HOTELS.COM, L.P. et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 22, 2009.

Attorney(s) appearing for the Case

ARGUED: Anthony G. Raluy, Foley, Bryant, Holloway & Raluy, Louisville, Kentucky, for Appellants. Darrel J. Hieber, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, California, for Appellees. ON BRIEF: Anthony G. Raluy, Irvin Daniel Foley, Foley, Bryant, Holloway & Raluy, Louisville, Kentucky, Michael J. O'Connell, Jefferson County Attorney's Office, Louisville, Kentucky, Rochelle E. Boland, Leslye M. Bowman, Lexington-Fayette Urban County Government Department of Law, Lexington, Kentucky, for Appellants. Darrel J. Hieber, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, California, Karen L. Valihura, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, Delaware, William Jay Hunter, Jr., Timothy J. Eifler, David S. Sullivan, Stoll Keenon Ogden, Louisville, Kentucky, Marcus G. Mungioli, Brian S. Stagner, Kelly Hart & Hallman LLP, Forth Worth, Texas, for Appellees.

Before: GILMAN and GIBBONS, Circuit Judges; ANDERSON, District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Hotels.com, L.P. and various other online travel companies (OTCs) engage in a business practice whereby they agree to pay lodging establishments a contractually agreed room rate if the OTCs find customers to rent the available rooms. Customers pay to rent the rooms at a higher "retail" rate charged by the OTCs, which then remit the original negotiated price to the lodging establishments along with any taxes applicable...

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