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George v. National Collegiate Athletic Association

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SUBMITTED FOR REHEARING AUGUST 18, 2010

Before CUDAHY and KANNE, Circuit Judges, and DARRAH, District Judge.*fn1

Plaintiffs brought this proposed diversity-based class action against the National Collegiate Athletic Association (“NCAA”) and Ticketmaster, alleging that the defendants’ combined ticket-distribution scheme constituted a lottery in violation of Indiana law. The NCAA moved to dismiss, and the district court dismissed all claims with prejudice. Plaintiffs then appealed. On July 16, 2010, we reversed the judgment of the district court and remanded the case for further proceedings, with Judge Cudahy dissenting. Upon review after the filing of defendants “petition for rehearing and suggestion for rehearing en banc,” we grant the petition for rehearing, vacate our opinion, stay the appeal, and certify three questions to the Indiana Supreme Court.

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