US Foodservice Asks 2nd Circ. To Nix Class In Pricing Suit

Law360, New York (May 29, 2013, 6:45 PM EDT) -- Food distributor U.S. Foodservice Inc. asked the Second Circuit on Wednesday to overturn a decision to allow 75,000 customers to proceed as a class in a suit alleging it used fraud to inflate its prices.

The thousands of customers do not have enough in common to go forward as a class, a lawyer for USF told a panel of judges at oral arguments in New York. 

“They all had different circumstances for making purchases,” Glenn M. Kurtz of White & Case LLP said.

USF, the second...
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