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PECK v. CINGULAR WIRELESS, LLC

No. 06-36027.

535 F.3d 1053 (2008)

Jared A. PECK, individually and on behalf of all the members of the class of persons similarly situated, Plaintiff-Appellant, v. CINGULAR WIRELESS, LLC, a Delaware limited liability company doing business as Cingular Wireless; New Cingular Wireless Services, Inc., Delaware corporation doing business as ATT Wireless; New Cingular Wireless Services Purchasing Company LP, a Delaware limited partnership doing business as Cingular Wireless, New Cingular Wireless PCS LLC, a Delaware limited liability company doing business as Cingular Wireless, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2008.

Attorney(s) appearing for the Case

David E. Breskin, Daniel F. Johnson, John B. Crosetto, Short Cressman & Burgess PLLC, Seattle, WA, for the plaintiffs-appellants.

Scott A.W. Johnson, Kelly Twiss Noonan, Shelley M. Hall, Stokes Lawrence, P.S., Seattle, WA, for the defendants-appellees.

Christine A. Mailloux, The Utility Reform Network, San Francisco, CA; Patrick W. Pearlman, WV Public Service Commission, Charleston, WV; for The National Association of State Utility Consumer Advocates in Support of Plaintiffs-Appellants.

Michael Altschul, Senior Vice President, General Counsel, CTIA — The Wireless Association; Helgi C. Walker, William S. Consovoy, Wiley Rein LLP, Washington, DC; for CTIA — The Wireless Association as Amicus Curiae in Support of Defendants-Appellees.

Before: CARLOS T. BEA and MILAN D. SMITH, JR., Circuit Judges, and JOSEPH M. HOOD, Senior District Judge.

HOOD, Senior District Judge:

Appellant Jared A. Peck ("Appellant") appeals the district court's grant of the motion to dismiss the complaint filed by Appellees Cingular Wireless, LLC and its subsidiaries (collectively, "Cingular" or "Appellees"). We have jurisdiction pursuant to 28 U.S.C. § 1291 and vacate and remand the decision of the district court.

I. BACKGROUND

Appellant is a former employee of Cingular. During his tenure with Cingular...

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