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IN RE RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIG.

No. 18-7010.

934 F.3d 619 (2019)

IN RE: RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION — MDL NO. 1869, Dakota Granite Company, on behalf of itself and all others similarly situated, et al., Appellants v. BNSF Railway Company, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 16, 2019.

Reissued August 30, 2019.

Attorney(s) appearing for the Case

Kathleen M. Sullivan argued the cause for appellants. With her on the briefs were Stephen R. Neuwirth , Sami H. Rashid , Michael D. Hausfeld , and Michael P. Lehmann .

Carter G. Phillips , argued the cause for appellees. With him on the brief were Joseph R. Guerra , Kathleen Moriarty Mueller , Saul P. Morgenstern , Thomas A. Isaacson , John M. Nannes , Tara L. Reinhart , J. Scott Ballenger , Veronica S. Lewis , Samuel M. Sipe, Jr. , Linda S. Stein , Andrew S. Tulumello , Lucas C. Townsend , and Kent A. Gardiner .

Anton Metlitsky and Warren D. Postman were on the brief for amicus curiae Chamber of Commerce of the United States of America in support of defendants-appellees.

Before: Garland, Chief Judge, and Rogers and Katsas, Circuit Judges.

This case involves a putative class of over 16,000 shippers allegedly harmed by a price-fixing conspiracy among the nation's largest freight railroads. The district court denied class certification because the plaintiffs' regression analysis—their evidence for proving causation, injury, and damages on a class-wide basis...

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