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AMERICA ONLINE, INC. v. ST. PAUL MERCURY INS. CO.

Nos. 02-2018, 02-2084.

347 F.3d 89 (2003)

AMERICA ONLINE, INCORPORATED, Plaintiff-Appellant, v. ST. PAUL MERCURY INSURANCE COMPANY, Defendant-Appellee. America Online, Incorporated, Plaintiff-Appellee, v. St. Paul Mercury Insurance Company, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 15, 2003.

Attorney(s) appearing for the Case

ARGUED: John Edward Heintz, GILBERT, HEINTZ & RANDOLPH, L.L.P., Washington, D.C., for Appellant.

James E. Rocap, III, BAKER BOTTS, L.L.P., Washington, D.C., for Appellee.

ON BRIEF: Donna L. Wilson, Scott N. Godes, GILBERT, HEINTZ & RANDOLPH, L.L.P., Washington, D.C.; John Foster Anderson, RICHARDS, McGETTIGAN, REILLY & WEST, P.C., Alexandria, Virginia, for Appellant.

Mark A. Miller, Christopher T. Stidvent, BAKER BOTTS, L.L.P., Washington, D.C., for Appellee.

Before WILKINSON, NIEMEYER, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINSON joined. Judge TRAXLER wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

After America Online, Incorporated ("AOL") released to the public its Version 5.0 access software, consumers filed numerous class actions against AOL, alleging that the software had substantial "bugs" in it and was incompatible with their...

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