In Re: Hydrogen

Opinion

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In Re: Hydrogen Precedential or Non-Precedential: Precedential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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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