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BRYAN v. BELLSOUTH COMMUNICATIONS, INC.

No. 03-1316.

377 F.3d 424 (2004)

Tomi White BRYAN, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. BELLSOUTH COMMUNICATIONS, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 28, 2004.

Attorney(s) appearing for the Case

ARGUED: Ashley B. Watson, Bellsouth Corporation, Atlanta, Georgia, for Appellant.

Michael Geoffrey Wimer, Wimer & Jobe, Arden, North Carolina, for Appellee.

ON BRIEF: Richard S. Gottlieb, John B. Morris, Kilpatrick Stockton, L.L.P., Winston-Salem, North Carolina, for Appellant.

Amiel J. Rossabi, Forman, Rossabi, Black, P.A., Greensboro, North Carolina, for Appellee.

Before LUTTIG, KING, and GREGORY, Circuit Judges.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge GREGORY joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

Defendant BellSouth appeals from the portion of a decision of the Middle District of North Carolina denying dismissal and remanding one of plaintiff Tomi Bryan's three claims to state court. Bryan v. Bellsouth Telecomms., Inc., No. 1:02CV00228, 2003 WL 262333 (M.D.N.C...

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