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HILL v. GALAXY TELECOM, L.P.

No. 1:98CV51-D-D.

176 F.Supp.2d 636 (2001)

Ted HILL, Sr., Individually and on Behalf of all Others Similarly Situated, Plaintiff, v. GALAXY TELECOM, L.P., d/b/a Galaxy Cablevision, Defendant.

United States District Court, N.D. Mississippi, Eastern Division.

April 16, 2001.

Attorney(s) appearing for the Case

Jon W. (Don) Barrett, Barrett Law Offices, Lexington, MS, Gordon Ball, Knoxville, TN, Michael B. Hyman, Much, Shelist, Freed, Denenberg & Ament, Chicago, IL, Steven A. Martino, Jackson, Taylor & Martino, Mobile, AL, Philip S. Friedman, Ifshin & Friedman, PLLC, Washington, DC, Peter Lubin, Ditommasso & Assoc., Oakbrook, IL, Patrick W. Pendley, Nyle Politz, Patrick W. Pendley, APLC, Plaquemine, LA, for plaintiff.

Charles J. Swayze, Jr., Whittington, Brock, Swayze & Dale, Greenwood, MS, for defendant.

OPINION

DAVIDSON, Chief Judge.

Ted Hill (Hill), individually and on behalf of all others similarly situated, instituted this class action against Galaxy Telecom, L.P., d/b/a Galaxy Cablevision (Galaxy) for damages allegedly sustained as a result of Galaxy's breach of the implied duty of good faith and fair dealing. Hill maintains that Galaxy's late fee of five dollars is excessive and does not accurately reflect the amount which Galaxy incurs due to late...

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