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MARCUS v. AT&T CORP.

Docket Nos. 96-9244, 96-9256.

138 F.3d 46 (1998)

Lawrence MARCUS; Marc Kasky, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. AT&T CORP., Defendant-Appellee. Jeffrey A. MOSS, on behalf of himself and all others similarly situated, Plaintiff-Appellant, Donna Borok Moss, Plaintiff, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 24, 1998.

Attorney(s) appearing for the Case

Arthur R. Miller, Cambridge MA (Michael C. Spencer, Milberg Weiss Bershad Hynes & Lerach, New York City, Janine L. Pollack, New York City, on the brief) for Marcus Plaintiffs-Appellants.

Steven R. Rhoads, The Mills Law Firm, Greenbrae, CA (Robert W. Mills, Greenbrae, CA, Donald M. Lefari, Sails & Lefari, New York City, on the brief) for Moss Plaintiffs-Appellants.

Howard J. Trienens, Sidley & Austin, New York City (Steven M. Bierman, Elizabeth M. Sacksteder, New York City, on the brief, Marc E. Manly, Howard Spierer, Office of the Solicitor General, AT&T Corp., Liberty Corner, NJ, of counsel), for Defendant-Appellee.

Before: WINTER, Chief Judge, MESKILL and WALKER, Circuit Judges.

WALKER, Circuit Judge:

On appeal, plaintiffs-appellants in Marcus v. AT & T, No. 96-9244 (the "Marcus appellants"), and in Moss v. AT & T, No. 96-9256 (the "Moss appellants"), two separate class actions alleging similar deceptive billing practices by defendant-appellee AT & T Corporation, challenge the order of the United States District Court for the Southern District of New York (Michael B. Mukasey, District Judge)...

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