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U1IT4LESS, INC. v. FEDEX CORP.

Docket No. 16-533-cv. August Term, 2016.

871 F.3d 199 (2017)

U1IT4LESS, INC., d/b/a Nybikergear, Plaintiff-Appellant, v. FEDEX CORPORATION, Fedex Corporate Services, Inc., Fedex Ground Package System, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 18, 2017.

Attorney(s) appearing for the Case

JAY L.T. BREAKSTONE ( Amanda C. Broadwell , Jessica L. Richman , on the brief), Parker Waichman LLP, Port Washington, NY, for Plaintiff-Appellant.

AARON T. CASSAT , Federal Express Corporation, Memphis, TN, for Defendants-Appellees FedEx Corporation & FedEx Corporate Services, Inc.

Benjamin J. Ferron & Jason W. Norris , FedEx Ground Package System, Inc., Moon Township, PA, for Defendant-Appellee FedEx Ground Package System, Inc.

Before: SACK and LOHIER, Circuit Judges, and WOODS, District Judge.

U1IT4Less, Inc., d/b/a NYBikerGear ("BikerGear"), an internet retailer of motorcycle gear, accuses FedEx Corporation and its subsidiaries FedEx Corporate Services, Inc. and FedEx Ground Package System, Inc.1 of fraudulently marking up the weights of packages...

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