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LEVY v. OFFICEMAX, INC.

No. 03-06-00391-CV.

228 S.W.3d 846 (2007)

Tara LEVY, Rockey Piazza and Linda Piazza, on behalf of all others similarly situated, Appellants v. OFFICEMAX, INC.; Best Buy Stores, LP; and Carole Keeton Strayhorn, Comptroller of Public Accounts, Appellees.

Court of Appeals of Texas, Austin.

June 19, 2007.

Attorney(s) appearing for the Case

C. Brooks Schuelke, Perlmutter & Schuelke, L.L.P., Austin, for appellant.

Tim Block, Robins, Kaplan, Miller & Ciresi, Mpls., MN, William E. Storie, Asst. Atty. Gen., Scott S. Crocker, Wayne W. Bost and William G. Arnot, III, Winstead P.C., Austin, for appellee.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

JAN P. PATTERSON, Justice.

The issue in this case is whether customers who receive a rebate on a retail purchase may pursue a class action against the retailer to obtain an assignment of refund rights attributable to the rebate in order to file a tax refund claim with the State. Although the district court allowed the individual plaintiffs to pursue their claims for injunctive relief to compel an assignment, it dismissed their class claims...

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