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TMESYS, INC. v. EUFAULA DRUGS, INC.

No. 06-90016.

462 F.3d 1317 (2006)

TMESYS, INC., Petitioner, v. EUFAULA DRUGS, INC., Respondent.

United States Court of Appeals, Eleventh Circuit.

August 30, 2006.

Attorney(s) appearing for the Case

Joseph H. Lang, Jr., Adam P. Schwartz, D. Matthew Allen, Carlton Fields, P.A., Tampa, FL, for Petitioner.

James Michael Terrell, Robert G. Methvin, Jr., McCallum, Methvin & Terrell, P.C., Birmingham, AL, for Respondent.

Before BIRCH, CARNES and HULL, Circuit Judges.

BY THE COURT:

Tmesys, Inc. ("Tmesys") petitions for permission to appeal a district court decision remanding to Alabama state court the case filed against it by respondent, Eufaula Drugs, Inc. ("Eufaula Drugs"). Although we entertain the petition for the limited purpose of clarifying certain law for our circuit with regard to the Class Action Fairness Act of 2005 ("CAFA"), 28 U.S.C. § 1453(c)(1), the petition is DENIED.

I. BACKGROUND

Eufaula...

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