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GUTERMAN v. COSTCO WHOLESALE CORP.

No. 18-3184 August Term 2018.

927 F.3d 67 (2019)

Mark A. GUTERMAN, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. COSTCO WHOLESALE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 12, 2019.

Attorney(s) appearing for the Case

For Plaintiff-Appellant: William R. Weinstein , Law Offices of William R. Weinstein, White Plains, NY.

For Defendant-Appellee: James Arden ( Caitlin N. Matheny , on the brief), Sidley Austin LLP, New York, NY.

Before: Livingston, Lynch, and Sullivan, Circuit Judges.

Plaintiff-Appellant Mark Guterman ("Guterman") appeals from a September 24, 2018 Opinion and Order of the United States District Court for the Southern District of New York (Karas, J.), dismissing Guterman's Second Amended Complaint ("SAC") for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). In this diversity...

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