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SUTTON STEEL & SUPPLY v. BELLSOUTH MOBILITY

Nos. CM 07-146, CA 07-512.

971 So.2d 1257 (2007)

SUTTON STEEL & SUPPLY, INC., et al. v. BELLSOUTH MOBILITY, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

December 12, 2007.

Attorney(s) appearing for the Case

Peter Butler, Sr., Peter Butler, Jr., Breazeale, Sachse & Wilson, New Orleans, LA, Bob F. Wright, Domengeaux, Wright, Roy, & Edwards, Lafayette, LA, Jonathan B. Andry, The Andry Law Firm, LLC, New Orleans, LA, Lionel H. Sutton, III, The Sutton Law Firm, New Orleans, LA, for Plaintiffs/Appellees, Sutton Steel & Supply, Inc., Kate Davis (on behalf of class action) Kate Davis.

Gary Jude Russo, Perret Doise, APLC, Lafayette, LA, Seamus C. Duffy, Drinker, Biddle, & Reath, LLP, Philadelphia, PA, Evan M. Tager, Mayer, Brown, Rowe, & Maw, LLP, Washington, DC, for Defendant/Appellant, Bellsouth Mobility, Inc.

Court composed of JOHN D. SAUNDERS, JIMMIE C. PETERS, and GLENN B. GREMILLION, Judges.

SAUNDERS, Judge.

This class action case is before us in the posture of a consolidated motion to dismiss an unlodged suspensive appeal and an appeal for review of the trial court's judgment denying a motion to decertify the class. For the reasons outlined below, we deny the motion to dismiss and affirm the judgment of the trial court.

FACTS:

BellSouth Mobility Inc. (hereinafter "BellSouth") provided wireless telephone service to customers...

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