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RATHBUN v. QWEST COMMUNICATIONS INTERN., INC.

Civil No. 05-cv-00711-LTB-MJW.

458 F.Supp.2d 1238 (2006)

Marlys RATHBUN and Leroy Rathbun, on behalf of themselves and all those similarly situated, Plaintiffs, v. QWEST COMMUNICATIONS INTERNATIONAL, INC., and The Qwest Telephone Concession Plan, Defendants, v. Communications Workers of America, Association of U.S. West Retirees, and Mary M. Hull, Intervenor Defendants.

United States District Court, D. Colorado.

October 18, 2006.

Attorney(s) appearing for the Case

John F. Head, Head & Associates, P.C., Denver, CO, Laurie B. Ashton, Keller Rohrback, PLC, Phoenix, AZ, Robert Joseph Barton, Whitney R. Case, Cohen, Milstein, Hausfeld & Toll, PLLC, Washington, DC, for Plaintiffs.

Christopher J. Koenigs, Michael Brian Carroll, Sherman & Howard, L.L.C., Denver, CO, Stephanie J. Quincy, Sherman & Howard, L.L.C., Phoenix, AZ, for Defendants.

Curtis L. Kennedy, Curtis L. Kennedy Law Office, Denver, CO, Richard Rosenblatt, Richard Rosenblatt & Associates, LLC, Greenwood Village, CO, for Intervener Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, Chief Judge.

The defendant Qwest Communications International, Inc. ("Qwest") provided for employees and retirees discounted and free telecommunications services to those who resided within the geographic area in which it operates and reimbursements to those who lived without. Qwest terminated the reimbursement portion of this program, termed the "Employee Discount/Automatic Payment Plan"("Program"), on January 1, 2004...

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