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In re Rail Freight Fuel Surcharge Antitrust Litigation

March 11, 2008

IN RE RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION


The opinion of the court was delivered by: Paul L. Friedman United States District Judge

MDL Docket No. 1869

This document relates to:

ALL CASES

ORDER APPOINTING INTERIM CO-LEAD CLASS COUNSEL FOR DIRECT PURCHASER PLAINTIFFS

I. Appointment of Interim Co-Lead Class Counsel Pursuant to Rule 23(g)(3) of the Federal Rules of Civil Procedure and this Court's Initial Practice and Procedure Order Upon Transfer Pursuant to 28 U.S.C § 1407, dated January 31, 2008, the Court designates Cohen, Milstein, Hausfeld & Toll, P.L.L.C. ("Cohen Milstein") and Quinn Emanuel Urquhart Oliver & Hedges, LLP ("Quinn Emanuel") as Interim Co-Lead Class Counsel for the proposed direct purchaser class.

As noted in a separate Memorandum Opinion and Order issued this same day, having reviewed all relevant memoranda and supporting materials and the criteria set forth in the Rule, the Court finds that the designation of Cohen Milstein and Quinn Emanuel as Interim Co-Lead Class Counsel is in the best interests of the proposed direct purchaser class because Cohen Milstein and Quinn Emanuel:

(1) have the overwhelming support of plaintiffs and the firms filing cases in this action;

(2) have conducted significant independent investigations into the potential claims in this action;

(3) have extensive relevant experience in complex antitrust litigation and knowledge of the law applicable to this action; and

(4) are willing to commit the resources necessary to representing the class.

II. Duties of Interim Co-Lead Class Counsel

Cohen Milstein and Quinn Emanuel, working together in a coordinated fashion, shall be responsible for the overall conduct of the litigation on behalf of the proposed direct purchaser class, including the following:

a. Supervise all pretrial, trial, and post-trial proceedings on behalf of plaintiffs;

b. Sign any pleadings, motions, briefs, discovery requests or objections, subpoenas, or ...


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