LIVINGSTON v. U.S. BANK, N.A.

No. 01CA0605.

58 P.3d 1088 (2002)

John L. LIVINGSTON and Westland Marketing, Inc., Plaintiffs-Appellants, v. U.S. BANK, N.A., Defendant-Appellee.

Colorado Court of Appeals, Div. A.

Certiorari Denied December 16, 2002.


Attorney(s) appearing for the Case

Dyer & Shuman, LLP, Kip B. Shuman, John M. Martin, Jeffrey A. Berens, Denver, Colorado, for Plaintiffs-Appellants.

Dorsey & Whitney, LLP, Tucker K. Trautman, R. Stephen Hall, Sandra L. Potter, Denver, Colorado, for Defendant-Appellee.


Opinion by Judge STERNBERG.1

Plaintiffs, John L. Livingston and Westland Marketing, Inc., appeal the order denying class certification of their action against defendant, U.S. Bank, N.A. We affirm.

In 1999, an employee of defendant, whose responsibility included generating new business, purchased a database of names, addresses, and facsimile (fax) numbers for approximately 8000 people and businesses in the Denver metropolitan area...

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