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SMILOW v. SOUTHWESTERN BELL MOBILE SYSTEMS, INC.

No. 02-1760.

323 F.3d 32 (2003)

Jill Ann SMILOW, on her own behalf and on behalf of all others similarly situated, Plaintiff, Appellant, v. SOUTHWESTERN BELL MOBILE SYSTEMS, INC., d/b/a Cellular One, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 7, 2003.

Attorney(s) appearing for the Case

Edward F. Haber with whom Todd S. Heyman and Shapiro Haber & Urmy LLP were on brief for appellant.

Marcus E. Cohn with whom Jonathan Sablone, John Pagliaro, and Nixon Peabody LLP were on brief for appellee.

Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.

LYNCH, Circuit Judge.

This is an appeal from a decision decertifying a class action brought by and on behalf of wireless phone customers of Cellular One, the doing-business name of Southwestern Bell Mobile Systems, Inc. The putative class members are Massachusetts and New Hampshire residents who were charged for incoming calls despite having signed a standard form contract, used mainly between August 1994 and February 1996, purportedly guaranteeing free incoming call...

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