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CLARK v. EDDIE BAUER LLC

No. 21-35334.

30 F.4th 1151 (2022)

Susan CLARK, for herself and/or on behalf of all others similarly situated, Plaintiff-Appellant, v. EDDIE BAUER LLC; Eddie Bauer Parent, LLC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2022.

Attorney(s) appearing for the Case

Paul Karl Lukacs (argued), Daniel M. Hattis , and Che Corrington , Hattis & Lukacs, Bellevue, Washington, for Plaintiff-Appellant.

Michael A. Vatis (argued), Steptoe & Johnson LLP, New York, New York; Stephanie A. Sheridan , Anthony J. Anscombe , and Meegan B. Brooks , Steptoe & Johnson LLP, San Francisco, California; for Defendants-Appellees.

Before: Jay S. Bybee, Carlos T. Bea, and Morgan Christen, Circuit Judges.

ORDER CERTIFYING QUESTION TO THE OREGON SUPREME COURT

Susan Clark ("Plaintiff") bought garments from Eddie Bauer Outlet Stores advertising sales of 40-70% off. The price tags of the garments included two numbers: a higher price, which the parties call a "reference" or "list price...

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