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In re OSB Antitrust Litigation

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


January 14, 2009

IN RE OSB ANTITRUST LITIGATION

The opinion of the court was delivered by: Paul S. Diamond, J.

THIS DOCUMENT RELATES TO DIRECT PURCHASER ACTIONS

ORDER

AND NOW, this 14th day of January, 2009, it is ORDERED as follows:

1. My Order of August 28, 2008 as to Bailey Lumber & Supply Company is AMENDED. Plaintiffs' Motion to Preclude Bailey Lumber & Supply Company from Opting Out of Settlement and Litigation Classes Pursuant to Assignments Received from Group Buying Organizations (Doc. No. 858) is DENIED as to Bailey.

2. The Parties' request that I join Bailey as an involuntary Class Member without opt-out rights is DENIED.

3. My Order of August 28, 2008 as to Ed Price Building Materials stands. Accordingly, Price may not opt out of the Litigation Class or any Settlement Class as an assignee of claims from Guardian Building Products.

IT IS SO ORDERED.

20090114

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