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GIORDANO v. MARKET AMERICA, INC.

Docket No. 06-2071-cv.

634 F.3d 183 (2011)

John GIORDANO, Plaintiff-Appellant, v. MARKET AMERICA, INC., and The Chemins Company, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Final Submission: April 7, 2009.

Certified Question Answered: November 18, 2010.

Decided: February 8, 2011.

Attorney(s) appearing for the Case

Brian J. Isaac , Pollack, Pollack, Isaac & De Cicco, LLP, for Sanders, Sanders, Block & Woycik, P.C. ( Joseph B. Viener , of counsel), New York, NY, for Plaintiff-Appellant.

Andrew Zajac , Fiedelman & McGaw, Jericho, NY, for Defendant-Appellee Market America, Inc.

Edward J. Stolarski, Jr. , Wilbraham, Lawler & Buba, Philadelphia, PA, for Defendant-Appellee The Chemins Company, Inc.

Before: McLAUGHLIN, CABRANES, and SACK, Circuit Judges.

PER CURIAM:

We return for a third time to this appeal from a judgment of the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge) granting summary judgment to the defendants on statute-of-limitations grounds. See In re Ephedra Prods. Liab. Litig., No. 04-MD-1598, 2006 WL 944705, 2006 U.S. Dist. LEXIS 18691 (S.D.N.Y. Apr. 10, 2006) ("Ephedra"). We assume the parties' and readers' familiarity with the facts and...

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