AURARIA STUDENT HOUSING v. CAMPUS VILLAGE

No. 11-1569.

703 F.3d 1147 (2013)

AURARIA STUDENT HOUSING AT THE REGENCY, LLC, a Colorado limited liability company, Plaintiff-Appellee, v. CAMPUS VILLAGE APARTMENTS, LLC, a Delaware limited liability company, Defendant-Appellant. United States of America; Federal Trade Commission, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 4, 2013.


Attorney(s) appearing for the Case

Thomas P. McMahon, Esq. , Jones & Keller, P.C., Denver, CO, for Plaintiff-Appellee.

Michael J. Hofmann , David A. Tonini , Bryan Cave HRO, Denver, CO, for Defendant-Appellant.

Michael Daniel Bergman , John F. Daly , Willard K. Tom , Federal Trade Commission Office of the General Counsel, Nickolai Gilford Levin , Robert Nicholson , Sharis A. Pozen , U.S. Department of Justice, Washington, DC, for Amici Curiae.

Before HARTZ, MURPHY, and HOLMES, Circuit Judges.


ORDER

MICHAEL R. MURPHY, Circuit Judge.

I. Introduction

Defendant-Appellant Campus Village Apartments, LLC ("Campus Village") appeals the denial of its motion to dismiss the complaint of Plaintiff-Appellee Auraria Student Housing at the Regency, LLC ("Regency"). Regency's complaint alleges Campus Village conspired with the University of Colorado, Denver (the "University") to monopolize the provision of student housing in violation of Section 2...

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