No. 06-1871-cv.

681 F.3d 139 (2012)

In re AMERICAN EXPRESS MERCHANTS' LITIGATION, Italian Colors Restaurant, on behalf of itself and all similarly situated persons, National Supermarkets Association, 492 Supermarket Corp., Bunda Starr Corp., Phoung Corp., Plaintiffs-Appellants, v. American Express Travel Related Services Company, American Express Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

May 29, 2012.

Attorney(s) appearing for the Case

Gary B. Friedman , Tracey Kitzman , Aaron Patton , Warren Parrino , Friedman Law Group LLP, New York, NY, for Plaintiffs-Appellants.

Bruce H. Schneider , Stroock & Stroock & Lavan, LLP, New York, NY, Julia B. Strickland , Stephen J. Newman , Stroock & Stroock & Lavan LLP, Los Angeles, CA, Michael K. Kellogg , Derek T. Ho , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, for Defendants-Appellees.

REENA RAGGI, Circuit Judge, joined by RICHARD C. WESLEY, Circuit Judge, dissents by opinion from the denial of rehearing in banc.


Following disposition of this appeal on February 1, 2012, an active judge of the Court requested a poll on whether to rehear the case in banc. A poll having been conducted and there being no majority favoring in banc review, rehearing in banc is hereby DENIED.

ROSEMARY S. POOLER, Circuit Judge, concurring in the denial of rehearing en banc:

I respectfully concur in the denial of the rehearing en banc...

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