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LLM BAR EXAM, LLC v. BARBRI, INC.

Docket No. 17-3463-cv August Term, 2018.

922 F.3d 136 (2019)

LLM BAR EXAM, LLC, Plaintiff-Appellant, v. BARBRI, INC., Columbia Law School, New York University School of Law, Harvard Law School, St. John's University School of Law, Duke University School of Law, Georgetown University Law Center, Emory University School of Law, Sylvia T. Polo, Nitza Escalera, Fordham University School of Law, Benjamin N. Cardozo School of Law, University of Southern California Gould School of Law, Defendants-Appellees, John Does 1 Through 5, The Regents of the University of California, University of California, Berkeley, School of Law, Defendants.

United States Court of Appeals, Second Circuit.

Decided: April 25, 2019.

Attorney(s) appearing for the Case

Judd R. Spray , Law Office of Judd R. Spray, New York, NY, for Plaintiff-Appellant.

Brian T. Burgess , Goodwin Procter LLP, Washington, DC, Christopher T. Holding (on the brief), Goodwin Procter LLP, Boston, MA, for Defendant-Appellee Barbri, Inc.

Peter S. Julian , Karen H. Lent (on the brief), Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, for Defendants-Appellees Columbia Law School, New York University School of Law, St. John's University School of Law, Sylvia T. Polo, Nitza Escalera, Fordham University School of Law, and Benjamin N. Cardozo School of Law.

Scott E. Gant , Samuel S. Ungar , Boies Schiller Flexner LLP, Washington, DC, for Defendants-Appellees Harvard Law School, Duke University School of Law, University of Southern California Gould School of Law, Georgetown University Law Center, and Emory University School of Law.

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

Plaintiff-Appellant LLM Bar Exam, LLC ("LBE") appeals from a judgment of the United States District Court for the Southern District of New York (Failla, J.) entered on the court's September 25, 2017 order granting Defendants-Appellees' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).

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