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HENRY SCHEIN, INC. v. STROMBOE

No. 00-1162.

102 S.W.3d 675 (2002)

Henry SCHEIN, Inc., Easy Dental Systems, Inc., and Dentisoft, Inc., Petitioners, v. Shelly E. STROMBOE, D.D.S., Alan B. Helig, D.D.S., Bart Presti, D.D.S., Kelly Presti, and Jeanne N. Taylor, D.D.S. on behalf of themselves and all other similarly situated, Respondents.

Supreme Court of Texas.

Delivered October 31, 2002.

Rehearing Denied May 8, 2003.

Attorney(s) appearing for the Case

Christopher Blair Dancy, E. Lee Parsley, Austin, Kirsten M. Castaneda, Jerry K. Clements, Cynthia Keely Timms, Dallas, Locke Liddell & Sapp, LLP, Mike A. Hatchell, Molly H. Hatchell, Hatchell P.C., Tyler, Harry M. Reasoner, Charles W. Schwartz, Vinson & Elkins, Houston, for petitioners.

Joe K. Longley, Philip K. Maxwell, Longley & Maxwell, Donald R. Taylor, Karen Crook Burgess, Bruce Emory Garlick, David E. Dunham, Taylor & Dunham, Austin, for respondents.

Justice HECHT delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice OWEN, Justice JEFFERSON, and Justice RODRIGUEZ joined.

Under Rule 42(b)(4) of the Texas Rules of Civil Procedure, the district court certified a nationwide class of some 20,000 purchasers of three dental practice management software products. There are members of this class in all fifty states. The five named plaintiffs and their counsel allege that the software was defective...

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