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IN RE U.S. FOODSERVICE INC. PRICING LITIGATION

No. 12-1311-cv.

729 F.3d 108 (2013)

In re U.S. FOODSERVICE INC. PRICING LITIGATION. Catholic Healthcare West, Tomas & King, Inc., Waterbury Hospital o/b/o themselves & others similarly situated, Cason Inc., o/b/o themselves & others similarly situated, Frankie's Franchise Sys Inc., o/b/o themselves & others similarly situated, Plaintiffs-Appellees, v. US Foodservice Inc., Defendant-Appellant, Koninklijke Ahold N.V., Gordon Redgate, Brady Schoefield, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 30, 2013.

Attorney(s) appearing for the Case

Ryan Phair , Hunton & Williams LLP, Washington, D.C. ( James E. Hartley, JR. , Drubner, Hartley & Hellman; Richard Laurence Macon , Akin Gump Strauss Hauer & Feld LLP; Joe R. Whatley, Jr. , Whatley Drake & Kallas, LLC; Richard Leslie Wyatt, Jr. , Hunton & Williams LLP, on the brief), for Plaintiffs-Appellees.

Glenn M. Kurtz ( Douglas P. Baumstein , on the brief), White & Case LLP, New York, New York, for Defendant-Appellant.

Before: STRAUB, LIVINGSTON, and LYNCH, Circuit Judges.

DEBRA ANN LIVINGSTON, Circuit Judge:

This case concerns allegations of fraudulent overbilling by U.S. Foodservice, Inc. ("USF"), the country's second largest food distributor whose customers have included the United States government, as well as hospitals, schools, restaurant chains, and small businesses across the United States. This interlocutory appeal requires us to determine whether the district court abused its discretion...

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