Plaintiffs Still Alive In ATM Fee Antitrust Suit

Law360, New York (May 14, 2010, 5:47 PM EDT) -- A long-standing proposed class action over ATM service charges heated up in federal court Friday, with defense attorneys accusing plaintiffs' counsel of “inventing out of whole cloth” their claims that banks and credit unions in First Data Corp.’s Star electronic payment network engaged in naked horizontal price-fixing.

The arguments came at a hearing in the U.S. District Court for the Northern District of California on the defendants' dismissal bid, in which Judge Charles R. Breyer asked both sides in the increasingly bitter dispute to clarify the...
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