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eMACHINES, INC. v. PACKARD

No. 09-04-020 CV.

148 S.W.3d 695 (2004)

eMACHINES, INC., EM Holdings, Inc., Empire Acquisition Corp., Trigem America Corporation, and Trigem Computer, Inc., Appellants, v. David PACKARD, Packard, Packard & Lapray, and John Hock, et al., Appellees.

Court of Appeals of Texas, Beaumont.

Decided October 28, 2004.

Attorney(s) appearing for the Case

Lawrence L. Germer, Germer Gertz, Tanner T. Hunt, Melody Thomas, Wells, Peyton, Greenberg & Hunt, Beaumont, James J. Scheske, Judity I. McGeary, David C. Lawrence, Akin Gump Strauss Hauer & Feld, Austin, Peter M. Stone, Matthew C. Lapple, Paul, Hastings, Janofsky & Walker, Costa Mesa, CA, for appellants.

Wayne A. Reaud, L. DeWayne Layfield, Hubert Oxford, III, Benckenstein & Oxford, Gilbert I. Low, Gary Neale Reger, Jack P. Carroll, Orgain, Bell & Tucker, C. Keith Kebodeaux, Olen Kenneth Doss, Beaumont, Joseph C. Blanks, Doucette, for appellees.

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

OPINION

PER CURIAM.

This is an appeal from an order certifying a class of computer purchasers. Specifically, the class consists of residents of the United States who purchased, on or after December 31, 1997, "eMachines"-brand computers identified by particular model numbers. The class contains approximately three million purchasers. The trial court certified the class pursuant to Tex.R. Civ. P. 42(a), (b)(2), and (b)(3).1 The...

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