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TOWNSHIP OF LYNDHURST N.J. v. PRICELINE.COM INC.

No. 09-2053.

657 F.3d 148 (2011)

The TOWNSHIP OF LYNDHURST, NEW JERSEY on behalf of itself and all similarly situated taxing authorities within the State of New Jersey, Appellant v. PRICELINE.COM INC.; Lowest-fare.com; Travel Web LLC; Travelocity.com, Inc.; Travelocity.com, L.P.; Site59.com, LLC; Expedia, Inc.; Hotels.com, L.P.; Hotwire Inc.; Travel-Now.com, Inc.; Orbitz Worldwide, Inc.; Travelport Americas, LLC; Trip Network, Inc., doing business as Cheap Tickets, Inc.; Orbitz, LLC.

United States Court of Appeals, Third Circuit.

Opinion filed September 14, 2011.

Attorney(s) appearing for the Case

John M. Agnello, Esquire , James E. Cecchi, Esquire (Argued), Lindsey H. Taylor, Esquire , Carella, Byrne, Cecchi, Olstein, Brody & Agnello, Roseland, NJ, for Appellant.

Melissa C. Fulton, Esquire , Michael R. Griffinger, Esquire , Gibbons, Newark, NJ, Randolph K. Herndon, Esquire , Karen L. Valihura, Esquire , Skadden, Arps, Slate, Meagher & Flom, Wilmington, DE, Brian S. Stagner, Esquire , Scott R. Wiehle, Esquire , Fort Worth, TX, Lazar P. Raynal, Esquire , Jeffrey A. Rossman, Esquire (Argued), Michael W. Weaver, Esquire , McDermott, Will & Emery, Chicago, IL, for Appellees.

Before: AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges.

ORDER

The Court, on its own motion, recalls the mandate. The Court's opinion, filed August 2, 2011, is hereby vacated and panel rehearing is granted. An amended precedential opinion, containing clarifying and typographical changes, will be issued forthwith. Upon filing of the Court's opinion, the mandate will be issued.

OPINION OF THE COURT

AMBRO, Circuit Judge.

The Township of Lyndhurst, New Jersey, brought this putative class action ...

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