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SIKES v. TELELINE, INC.

No. 99-8007.

281 F.3d 1350 (2002)

James W. SIKES, Felix Kemp, Individually and On Behalf of All Other Persons Similarly Situated, Plaintiffs-Appellees, v. TELELINE, INC., USA Networks, Defendants, American Telephone & Telegraph Company, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 13, 2002.

Attorney(s) appearing for the Case

Wyck A. Knox, Jr., Ted Hamby Clarkson, Kilpatrick Stockton, LLP, Augusta, GA, Norman L. Underwood, William N. Withrow, Jr., C. LeeAnn McCurry, Troutman Sanders, Atlanta, GA, for Defendant-Appellant.

John C. Bell, Jr., Bell & James, P.C., Augusta, GA, Michael C. Spencer, Milberg, Weiss, Bershad, Hynes & Lerach, New York City, for Plaintiffs-Appellees.

Before TJOFLAT, WILSON and FLETCHER, Circuit Judges.

TJOFLAT, Circuit Judge:

American Telephone & Telegraph Corporation ("AT&T") appeals the district court's certification, pursuant to Fed. R.Civ.P. 23(b)(3), of a class of plaintiffs who present claims arising from a "900-number" telemarketing program. We conclude that the district court abused its discretion in holding that the questions of law or fact common to the members of the proposed class predominate over any questions affecting only individual members...

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