BMG DIRECT MARKETING, INC. v. PEAKE

No. 03-0547.

178 S.W.3d 763 (2005)

BMG DIRECT MARKETING, INC., Petitioner, v. Patrick PEAKE, Individually and as Representative of Others Similarly Situated, Respondent.

Supreme Court of Texas.

Decided November 18, 2005.


Attorney(s) appearing for the Case

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

Christopher A. Kesler, and Bruce B. Kemp, Kemp & Kesler, L.L.P., Houston, Timothy W. Ferguson, Ferguson Firm, Beaumont, for Respondent.


Justice O'NEILL delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice BRISTER, Justice MEDINA, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined.

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