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JACOBS v. TEMPUR-PEDIC INTERN., INC.

No. 08-12720.

626 F.3d 1327 (2010)

Benny JACOBS, Wanda Jacobs, Plaintiffs-Appellants, v. TEMPUR-PEDIC INTERNATIONAL, INC., Tempur-Pedic North America, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 2, 2010.

Attorney(s) appearing for the Case

James M. Wilson, Jr. , Craig Gordon Harley , Chitwood, Harley, Harnes, LLP, Atlanta, GA, Robert Kirtley Finnell , The Finnell Firm, Rome, GA, Philip D. Bartz , Donna M. Donlon , Nicholas S. Sloey , McKenna, Long & Aldridge, LLP, Washington, DC, for Plaintiffs-Appellants.

William N. Berkowitz , Brandon L. Bigelow , Bingham McCutchen, LLP, Boston, MA, Jesse Anderson Davis Brinson , Askew, Berry, Seigler, Richardson & Davis, LLP, Rome, GA, for Defendants-Appellees.

Before TJOFLAT and EDMONDSON, Circuit Judges, and RYSKAMP, District Judge.

TJOFLAT, Circuit Judge:

Tempur-Pedic North America, Inc. ("TPX") manufactures visco-elastic Tempur-Pedic foam mattresses and sells them to consumers nationwide through distributors and its own website. These sales amount to eighty to ninety percent of the visco-elastic foam mattresses sold in the United States.1 TPX sets the minimum retail prices the distributors can charge for its mattresses; TPX adheres to those minimum prices in the...

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