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BENNETT v. VISA U.S.A. INC.

No. E2005-00659-COA-R9-CV.

198 S.W.3d 747 (2006)

Roger BENNETT and Richard Allen Combs, on behalf of themselves and all others similarly situated in the State of Tennessee, v. VISA U.S.A. INC., and Mastercard International, Inc.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

March 27, 2006.

Permission to Appeal Denied August 21, 2006.

Attorney(s) appearing for the Case

William T. Gamble, Kingsport, Tennessee, Stephen V. Bomse, San Francisco, California, and Robert C. Mason, New York, N.Y., for appellant Visa U.S.A. Inc.

S. Morris Hadden, Kingsport, Tennessee, R. Dale Grimes, Nashville, Tennessee, and Kenneth A. Gallo, Washington, D.C., for appellant MasterCard International Incorporated.

Gordon Ball, Knoxville, Tennessee, for appellees Roger Bennett and Richard Allen Combs.

Permission to Appeal Denied by Supreme Court August 21, 2006.

OPINION

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the court, in which D. MICHAEL SWINEY, J., and SHARON G. LEE, J., joined.

Plaintiffs' action charged defendants with violation of the Tennessee Trade Practices Act, the Tennessee Consumer Protection Act, and unjust enrichment for monies had and received. Responding to Motions to Dismiss, the Trial Court dismissed the statutory...

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