Opinions of the United
2009 Decisions States Court of Appeals
for the Third Circuit
1-16-2009
In Re: Hydrogen
Precedential or Non-Precedential: Precedential
Docket No. 07-1689
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"In Re: Hydrogen " (2009). 2009 Decisions. Paper 1959.
http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1959
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UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 07-1689
IN RE: HYDROGEN PEROXIDE ANTITRUST LITIGATION
Arkema Inc., Arkema France S.A.,
FMC Corp., Kemira Chemicals
Canada, Inc., Kemira OYJ,
Appellants
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
D.C. Civil Action No. 05-cv-0666
and MDL No. 1682
(Honorable Stewart Dalzell)
Argued April 17, 2008
Before: SCIRICA, Chief Judge, AMBRO and FISHER, Circuit Judges.
ORDER AMENDING OPINION
IT IS HEREBY ORDERED that the precedential opinion in the above-captioned
case, filed December 30, 2008, be amended as follows:
Page 2: Insert the names
JOSEPH A. TATE, ESQUIRE
CHRISTINE C. LEVIN, ESQUIRE
after MICHAEL I. FRANKEL, ESQUIRE and before Dechert LLP
Page 54, lines 6 through 8, which read:
requirements is essential. Newton, 259 F.3d at 167 (quoting
Falcon, 457 U.S. at 160) Falcon, 457 U.S. at 160; Newton,
259 F.3d at 167. Applying a presumption of impact based
solely on
shall read:
requirements is essential. Newton, 259 F.3d at 167 (quoting
Falcon, 457 U.S. at 160). Applying a presumption of impact
based solely on
BY THE COURT,
/s/ Anthony J. Scirica
Chief Judge
DATED: January 16, 2009
CMD/cc: All Counsel of Record
2