PUTNAM v. TIME WARNER CABLE

No. 99-2078.

247 Wis.2d 41 (2001)

2001 WI App 196

633 N.W.2d 254

Kerry L. PUTNAM, Carol L. Smith-Carter and Louis Boutan, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. TIME WARNER CABLE OF SOUTHEASTERN WISCONSIN, LIMITED PARTNERSHIP, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 3, 2001.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of John C. Cabaniss of Law Office of John C. Cabaniss of Milwaukee, with oral argument by John J. Carey of Carey & Danis, LLC, of Clayton, Missouri.

On behalf of the defendant-respondent, the cause was submitted on the brief of Robert H. Friebert of Friebert, Finerty & St. John, S.C., of Milwaukee, with oral argument by Robert H. Friebert.

Before Wedemeyer, P.J., Schudson and Curley, JJ.


¶ 1. CURLEY, J.

Kerry L. Putnam, Carol L. Smith-Carter, and Louis Boutan, individually and on behalf of a putative c lass of customers (collectively, "the customers"), of Time Warner Cable of Southeastern Wisconsin, Limited Partnership (Time Warner), appeal from the circuit court judgment dismissing their action against Time Warner. The customers argue that the circuit court erred in concluding that the "voluntary payment...

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