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SLEEPY'S LLC v. SELECT COMFORT WHOLESALE CORP.

Docket Nos. 15-3560, 16-3595 August Term, 2016.

909 F.3d 519 (2018)

SLEEPY'S LLC, Plaintiff-Appellant, v. SELECT COMFORT WHOLESALE CORP., Select Comfort Retail Corp., Select Comfort Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 27, 2018.

Attorney(s) appearing for the Case

PAUL D. SARKOZI ( Lewis D. Prutzman , on the brief), Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York, NY, for Plaintiff-Appellant.

ANDREW S. HANSEN ( Heidi A.O. Fisher , on the brief), Fox Rothschild LLP, Minneapolis, MN, for Defendants-Appellees.

Before: Sack, Hall, and Droney, Circuit Judges.

At all relevant times, Sleepy's LLC ("Sleepy's" or the "plaintiff") was a bed and mattress retailer obtaining products for resale from a variety of manufacturers. In that endeavor, it entered into a "Retail Partnership" with Select Comfort1 — a mattress...

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