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In Re: Hydrogen Precedential or Non-Precedential: Precedential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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Recommended Citation "In Re: Hydrogen " (2009). 2009 Decisions. Paper 1959. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1959

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2009 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact [email protected]. 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

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