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GOSSELINK v. AMERICAN TEL. & TEL., INC.

No. 00-20887.

272 F.3d 722 (2001)

John A. GOSSELINK; Phillip W. Tutt; Richard E. Simms, on behalf of themselves individually and all others similarly situated, Plaintiffs-Appellants, v. AMERICAN TELEPHONE & TELEGRAPH, INC., formerly known as American Telephone & Telegraph Company; et al., Defendants, SBC Communications, Inc., formerly known as Southwestern Bell Corporation individually and as successor in interest to Bell Systems, Inc.; Southwestern Bell Yellow Pages, Inc.; The SBC Pension Benefit Plan—Bargained Program, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 7, 2001.

Attorney(s) appearing for the Case

Michael M. Wilson (argued), Ruth B. Downes, Clements, O'Neill, Pierce, Nickens & Wilson, Houston, TX, Harold Joseph Lezar, Jr., Clements, O'Neill, Pierce, Nickens & Wilson, Dallas, TX, for Plaintiffs-Appellants.

John Loyd Carter (argued), Karen B. Jewell, Bruce Allen Blefeld, Vinson & Elkins, Houston, TX, Miriam M. Burke, Vinson & Elkins, Austin, TX, Charles W. Ahner, Jr., Southwestern Bell Yellow Pages, Inc., St. Louis, MO, for Defendants-Appellees.

Before EMILIO M. GARZA, PARKER and DENNIS, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

The Plaintiffs, John Gosselink, Phillip Tutt, and Richard Simms, on behalf of themselves and all others similarly situated ("Plaintiffs") appeal from the district court's judgment which denied class certification, dismissed Gosselinks's claim for increased pension benefits, dismissed Gosselink's claims for declaratory and injunctive relief, and dismissed their claims against AT&T as time barred. The issue on appeal is whether the...

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