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PATERSON v. TEXAS

No. 02-40651.

308 F.3d 448 (2002)

William PATERSON, on behalf of themselves and all other persons similarly situated; Cynthia Clement, on behalf of themselves and all other persons similarly situated; Carole Hepburn, on behalf of themselves and all other persons similarly situated; Alan Hahn, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellees, v. State of TEXAS, Intervenor Plaintiff-Appellant, Western Union Financial Services, Inc., Defendant-Intervenor Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 27, 2002.

Attorney(s) appearing for the Case

Gavin Hugh McInnis (argued), Michael D. Maloney, Law Offices of Maloney & Maloney, San Antonio, TX, for Plaintiffs-Appellees.

Maureen Powers, Asst. Atty. Gen. (argued), Austin, TX, for State of Texas.

Richard John Grad, Kenneth E. Friedman, Steven Andrew Ellis (argued), Sidley, Austin, Brown & Wood, Los Angeles, CA, Herschel Tracy Crawford, Gregory Duane Smith, Deron Ray Dacus, Ramey & Flock, Mike A. Hatchell, Tyler, TX, for Western Union Financial Services, Inc.

Robert Peter Krenkowitz, Tucson, AZ, David Jon Epstein, Boston, MA, for National Ass'n of Unclaimed Property Administrators, Amicus Curiae.

Before REAVLEY, BARKSDALE and CLEMENT, Circuit Judges.

REAVLEY, Circuit Judge.

The district court approved the settlement of a class action that awarded certain payments to each class member. The State of Texas (the State) intervened to contest the settlement provision that allowed Defendant Western Union Financial Services, Inc. (Western Union) to retain the money not collected by members of the class, contending that by Texas law the funds unclaimed by Texas citizens must be held in the custody of the State. The court...

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