Legal Opinion

Kloth v. Microsoft Corp.

Court of Appeals for the Fourth Circuit

Decided April 18, 2006No. 04-2566PublishedCited by 170 opinions

1Opinion of the Court

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WIDENER and Judge GREGORY joined.

OPINION

NIEMEYER, Circuit Judge:

This appeal, a part of the multidistrict class action antitrust litigation brought against Microsoft Corporation by 39 purchasers of Microsoft’s operating system software and applications software, presents the question whether 26 indirect purchasers have stated a claim upon which relief can be granted. See Fed.R.Civ.P. 12(b)(6). The district court granted Microsoft’s motion to dismiss their claims, concluding that because these 26 plaintiffs did not…

2Cases cited15 opinions

  1. Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
  2. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
  3. Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
  4. Hanover Shoe, Inc. v. United Shoe MacHinery Corp.Supreme Court of the United States · 1968
  5. Blue Shield of Va. v. McCreadySupreme Court of the United States · 1982

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3Cited by170 opinions

  1. Philips v. Pitt County Memorial HospitalCourt of Appeals for the Fourth Circuit · 2009
  2. Wahi v. Charleston Area Medical Center, Inc.Court of Appeals for the Fourth Circuit · 2009
  3. United States Ex Rel. Oberg v. Pennsylvania Higher Education Assistance AgencyCourt of Appeals for the Fourth Circuit · 2014
  4. Teachers' Retirement System Of Louisiana v. HunterCourt of Appeals for the Fourth Circuit · 2007
  5. Linlor v. PolsonDistrict Court, E.D. Virginia · 2017

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