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BMG DIRECT MARKETING, INC. v. PEAKE

No. 09-02-509 CV.

175 S.W.3d 267 (2003)

BMG DIRECT MARKETING, INC., Appellant, v. Patrick PEAKE, et al, Appellee.

Court of Appeals of Texas, Beaumont.

Decided May 1, 2003.

Attorney(s) appearing for the Case

Lynne Liberato, Alene Ross Levy, Patricia L. Casey, Haynes and Boone, LLP, Houston, Steven M. Hayes, Gregory A. Clarick, Parcher, Hayes & Snyder, P.C., New York, NY, for appellant.

Bruce B. Kemp, Christopher A. Kesler, Kemp & Kesler, LLP, Timothy W. Ferguson, Houston, Ferguson Firm, Beaumont, for appellee.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION

DON BURGESS, Justice.

Patrick Peake filed suit on behalf of himself and a putative statewide class of BMG Direct music club members who paid late fees to BMG Direct Marketing, Inc. Peake moved to certify a class. BMG opposed the motion. Following a hearing, the trial court granted class certification. BMG brings this interlocutory appeal.

BMG claims Peake has not satisfied the requirements of Rule 42 and Bernal. See TEX...

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