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SANFORD v. MEMBERWORKS, INC.

No. 05-55175.

483 F.3d 956 (2007)

Patricia SANFORD, Plaintiff-Appellant, v. MEMBERWORKS, INC., a Delaware corporation, aka MWI Essentials, aka MWI Home and Garden, aka MWI Connections, aka MWI Valuemax; West Corporation, a Delaware corporation; West Telemarketing Corporation, a Delaware corporation, Defendants-Appellees, v. Preston Smith; Rita Smith, on behalf of themselves and all others similarly situated, Plaintiffs-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2007.

Attorney(s) appearing for the Case

Eric Alan Isaacson, Lerach Coughlin Stoia Geller Rudman & Robbins, San Diego, California, for the plaintiff-appellant and the plaintiffs-intervenors-appellants.

Darrel J. Hieber, Skadden, Arps, Slate, Meagher & Flom, Los Angeles, California, for defendant-appellee Memberworks, Inc.

M. Jerome Elmore and Joshua F. Thorpe, Bondurant, Mixson & Elmore, Atlanta, Georgia, for defendants-appellees West Corporation and West Telemarketing Corporation.

Before HALL, O'SCANNLAIN, and CALLAHAN, Circuit Judges.

CYNTHIA HOLCOMB HALL, Senior Circuit Judge.

Patricia Sanford appeals the district court's order confirming an arbitration award in her action against Member-Works, Inc., West Corporation, and West Telemarketing Corporation for alleged violations of 39 U.S.C. § 3009 and related state law claims. Preston and Rita Smith appeal the district court's order denying their motion to intervene in the same action. The district court had jurisdiction under 28 U.S.C. §...

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