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FAGER v. CENTURYLINK COMMUNICATIONS, LLC

No. 15-2109.

854 F.3d 1167 (2016)

Dale FAGER, Jr.; Michele D. Pager; Gunter-Miller Enterprises, Ltd., for themselves and all others similarly situated, Plaintiffs-Appellees, v. CENTURYLINK COMMUNICATIONS, LLC.; Level 3 Communications, LLC; WilTel Communications, LLC, Defendants-Appellees. James Ziegler, Objector-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed August 29, 2016.

Attorney(s) appearing for the Case

Steven Sugarman , Cerrillos, New Mexico, for Appellant.

Christopher J. Koenigs , Sherman & Howard, L.L.C., Denver, Colorado ( Daniel J. Millea , and Eric E. Caugh , Zelle, Hoffman, Voelbel & Mason, LLP, Minneapolis, Minnesota, Kathleen C. Kauffman , Acerkson Kauffman Fex, PC, Washington, D.C., Michael B. Carroll , Sherman & Howard L.L.C. Denver, Colorado, Joseph Jones , Fraser Stryker PC LLO, Omaha, Nebraska, and Eric R. Burris , Brownstein Hyatt Farber Schreck, LLP, Albuquerque, New Mexico, with him on the brief) for Appellees.

Before HARTZ, BALDOCK, and McHUGH, Circuit Judges.

James Ziegler appeals the district court's final approval of a class-action settlement agreement to resolve landowner claims against telecommunications companies for their installation of fiber-optic cable underneath railroad rights-of-way. He contends that class members did not receive adequate notice of the settlement and...

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