ANDREWS v. AMERICAN TEL. & TEL. CO.

Nos. 95-8046, 95-8047 and 95-8048.

95 F.3d 1014 (1996)

Lamar ANDREWS, Individually and as representatives of a class of all other persons similarly situated; Jerry Harper, Individually and as class representatives of a class of all other persons similarly situated; Josephine Meadows, Individually and as class representatives of a class of all other persons similarly situated; J.D. Powell, Individually and as class representatives of a class of all other persons similarly situated, Plaintiffs-Appellees, v. AMERICAN TELEPHONE & TELEGRAPH COMPANY, individually and as representatives of a class of all other entities similarly situated, Defendant, Cross-Claimant-Appellant, Bellsouth Corporation, Individually and as representatives of a class of all other entities similarly situated; Bellsouth Communications Incorporated, Individually and as representatives of a class of all other entities similarly situated; Bellsouth Communications Systems, Incorporated, Individually and as representatives of a class of all other entities similarly situated; Southern Bell Telephone and Telegraph Company, Individually and as representatives of a class of all other entities similarly situated; Financial Collection Agencies, Individually and as representatives of a class of all other entities similarly situated, Defendants, U.S. Sprint Communications Company Limited Partnership, Individually and as representatives of a class of all other entities similarly situated, MCI Telecommunications Corporation, Individually and as representatives of a class of all other entities similarly situated; Mical Communications, Individually and as representatives of a class of all other entities similarly situated; Sweepstakes, Individually and as representatives of a class of all other entities similarly situated; Prize 395BE, Individually and as representatives of a class of all other entities similarly situated; Reward Line, Individually and as representatives of a class of all other entities similarly situated; Value House, Individually and as representatives of a class of all other entities similarly situated; Sweeps 900, Individually and as representatives of a class of all other entities similarly situated; Instant 398, Individually and as representatives of a class of all other entities similarly situated; Gift Giveaway, Individually and as representatives of a class of all other entities similarly situated; Fast Cash 398, Individually and as representatives of a class of all other entities similarly situated; Unclaimed Funds, Individually and as representatives of a class of all other entities similarly situated; Service 900, Individually and as representatives of a class of all other entities similarly situated; Control A, Individually and as representatives of a class of all other entities similarly situated, Defendants, West Interactive Corporation, Defendant, Cross-Defendant. Lamar ANDREWS, Individually and as representatives of a class of all other persons similarly situated; Jerry Harper, Individually and as class representatives of a class of all other persons similarly situated; Josephine Meadows, Individually and as class representatives of a class of all other persons similarly situated; J.D. Powell, Individually and as class representatives of a class of all other persons similarly situated, Plaintiffs-Appellees, v. AMERICAN TELEPHONE & TELEGRAPH COMPANY, Individually and as representatives of a class of all other entities similarly situated, Defendant, Cross-Claimant, Bellsouth Corporation, Individually and as representatives of a class of all other entities similarly situated; Bellsouth Communications Incorporated, Individually and as representatives of a class of all other entities similarly situated; Bellsouth Communications Systems, Incorporated, Individually and as representatives of a class of all other entities similarly situated; Southern Bell Telephone and Telegraph Company, Individually and as representatives of a class of all other entities similarly situated; Financial Collection Agencies, Individually and as representatives of a class of all other entities similarly situated, Defendants, U.S. Sprint Communications Company Limited Partnership, Individually and as representatives of a class of all other entities similarly situated, Defendant-Appellant. MCI Telecommunications Corporation, Individually and as representatives of a class of all other entities similarly situated; Mical Communications, Individually and as representatives of a class of all other entities similarly situated; Sweepstakes, Individually and as representatives of a class of all other entities similarly situated; Prize 395BE, Individually and as representatives of a class of all other entities similarly situated; Reward Line, Individually and as representatives of a class of all other entities similarly situated; Value House, Individually and as representatives of a class of all other entities similarly situated; Sweeps 900, Individually and as representatives of a class of all other entities similarly situated; Instant 398, Individually and as representatives of a class of all other entities similarly situated; Gift Giveaway, Individually and as representatives of a class of all other entities similarly situated; Fast Cash 398, Individually and as representatives of a class of all other entities similarly situated; Unclaimed Funds, Individually and as representatives of a class of all other entities similarly situated; Service 900, Individually and as representatives of a class of all other entities similarly situated; Control A, Individually and as representatives of a class of all other entities similarly situated, Defendants, West Interactive Corporation, Individually and as representatives of a class of all other entities similarly situated, Defendant, Cross-Defendant. Lamar ANDREWS, Individually and as representatives of a class of all other persons similarly situated; Jerry Harper, Individually and as class representatives of a class of all other persons similarly situated; Josephine Meadows, Individually and as class representatives of a class of all other persons similarly situated; J.D. Powell, Individually and as class representatives of a class of all other persons similarly situated, Plaintiffs-Appellees, v. AMERICAN TELEPHONE & TELEGRAPH COMPANY, Individually and as representatives of a class of all other entities similarly situated, Defendant, Cross-Claimant, Bellsouth Corporation, Individually and as representatives of a class of all other entities similarly situated; Bellsouth Communications Incorporated, Individually and as representatives of a class of all other entities similarly situated; Bellsouth Communications Systems, Incorporated, Individually and as representatives of a class of all other entities similarly situated; Southern Bell Telephone and Telegraph Company, Individually and as representatives of a class of all other entities similarly situated; Financial Collection Agencies, Individually and as representatives of a class of all other entities similarly situated, Defendants, U.S. Sprint Communications Company Limited Partnership, Individually and as representatives of a class of all other entities similarly situated; MCI Telecommunications Corporation, Individually and as representatives of a class of all other entities similarly situated; Mical Communications, Individually and as representatives of a class of all other entities similarly situated; Sweepstakes, Individually and as representatives of a class of all other entities similarly situated; Prize 395BE, Individually and as representatives of a class of all other entities similarly situated; Reward Line, Individually and as representatives of a class of all other entities similarly situated; Value House, Individually and as representatives of a class of all other entities similarly situated; Sweeps 900, Individually and as representatives of a class of all other entities similarly situated; Instant 398, Individually and as representatives of a class of all other entities similarly situated; Gift Giveaway, Individually and as representatives of a class of all other entities similarly situated; Fast Cash 398, Individually and as representatives of a class of all other entities similarly situated; Unclaimed Funds, Individually and as representatives of a class of all other entities similarly situated; Service 900, Individually and as representatives of a class of all other entities similarly situated; Control A, Individually and as representatives of a class of all other entities similarly situated, Defendants, West Interactive Corporation, Individually and as representatives of a class of all other entities similarly situated, Defendant, Cross-Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 19, 1996.


Attorney(s) appearing for the Case

James R. Wyrsch, Keith E. Drill, Wyrsch, Atwell, Mirakian, Lee & Hobbs, Kansas City, MO, Julie E. Grimaldi, Kansas City, MO, for U.S. Sprint.

Emmet J. Bondurant, Michael B. Terry, John E. Floyd, M. Jerome Elmore, Bondurant, Mixson & Elmore, Atlanta, GA, James D. Daniels, Hall, Dickler, Kent, Friedman & Wood, New York City, for West Interactive.

Michael C. Spencer, Milberg, Weiss, Bershad, Hynes & Lerach, New York City, for Andrews.

Before COX and BARKETT, Circuit Judges, and PROPST, Senior District Judge.


COX, Circuit Judge.

American Telephone & Telegraph Corporation (AT & T), Sprint Corporation (Sprint), and West-Interactive Corporation (West-Interactive) separately appeal the district court's certification under Fed.R.Civ.P. 23(b)(3) of classes of plaintiffs, in two related cases, alleging claims relating to hundreds of "900-number" telemarketing programs. We treat these separate appeals in the same opinion because the appellants raise similar issues and...

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