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STOFFELS EX REL., SBC CONCESSION v. SBC COMM.

No. CIV.A.SA-05CA0233WWJ.

430 F.Supp.2d 642 (2006)

Frank STOFFELS, et al., on behalf of the SBC CONCESSION PLAN and all other persons similarly situated, Plaintiffs, v. SBC COMMUNICATIONS, INC., and the SBC Telephone Concession Plan, Defendants.

United States District Court, W.D. Texas, San Antonio Division.

February 3, 2006.

Attorney(s) appearing for the Case

R. Joseph Barton Cohen, Milstein, Hausfield & Toll, P.L.L.C., Washington, D.C., and Marc I. Machiz, Cohen, Milstein, Hausfield & Toll, P.L.L.C., Philadelphia, Pa & Les Mendelsohn of Les Mendelsohn & Associates, San Antonio, TX, for plaintiffs.

John L. Carter, Vincent & Elkins, Houston, TX, for defendants.

MEMORANDUM OPINION AND ORDER

JUSTICE, Senior District Judge.

Before the Court for consideration is Defendant's Motion to Dismiss. Defendant moves the Court to dismiss the Plaintiffs' First Amended Class Action Complaint ("Complaint"), for failure to state a claim upon which relief can be granted, pursuant to FED. R. CIV. P. 12(b)(6). For the reasons stated herein, Defendant's motion will be DENIED.

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