PITT COUNTY, Individually and on behalf of all others similarly situated, Plaintiff-Appellant,
v.
HOTELS.COM, L.P.; Hotels.com GP, LLC; Hotwire, Inc.; Cheap Tickets, Inc.; Cendant Travel Distribution Services Group, Inc.; Expedia, Incorporated; Internetwork Publishing Corporation, d/b/a Lodging.com; Lowest Fare.com, Inc.; Orbitz, Inc.; Orbitz, LLC; Priceline.com, Inc.; Travelocity.com, LP; Travelweb, LLC; Travelnow.com, Inc.; Does, 1-1000, Inclusive, Defendants-Appellees, and
Site59.com; Travelocity.com, Inc.; Maupintour Holding, LLC, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 30, 2008.
Decided: January 14, 2009.
Attorney(s) appearing for the Case
ARGUED: John Timothy Murray, Sr., Murray & Murray, Sandusky, Ohio, for Appellant. Darrel J. Hieber, Skadden, Arps, Slate, Meagher & Flom, L.L.P., Los Angeles, California, for Appellees. ON BRIEF: Rebecca Cameron Blount, Blount & Blount, P.C., Greenville, North Carolina, for Appellant. Charles B. Neely, Jr., Nancy S. Rendleman, Robert W. Shaw, Williams Mullen Maupin Taylor, Raleigh, North Carolina, for Appellees; Karen L. Valihura, Michael A. Barlow, Skadden, Arps, Slate, Meagher & Flom, L.L.P., Wilmington, Delaware, for Appellees Priceline.com, Inc., Lowestfare.com, Inc., and Travelweb, L.L.C.; James P. Karen, Deborah S. Sloan, JONES DAY, Dallas, Texas, for Appellees Hotels.com, L.P., Hotels.com GP, L.L.C., Hotwire, Inc., Expedia, Incorporated, and TravelNow.com., Inc.; Paul E. Chronis, Elizabeth B. Herrington, McDermott Will & Emery, L.L.P., Chicago, Illinois, for Appellees Orbitz, Inc., Orbitz, L.L.C., Internet-work Publishing Corporation, d/b/a Lodging.com, Cheap Tickets, Inc., and Cendant Travel Distribution Services Group, Inc.; Brian S. Stagner, Kelly Hart & Hallman, L.L.P., Fort Worth, Texas, for Appellee Travelocity.com, L.P.
Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge AGEE and Judge REIDINGER joined.
United States Court of Appeals, Fourth Circuit.
OPINION
MICHAEL, Circuit Judge:
North Carolina's Pitt County (the County) appeals the dismissal of its putative class action brought against a number of online travel companies for failure to pay the County's hotel occupancy tax. The online companies purchase rooms from hotels in the County at wholesale rates, charge consumers marked-up rates, but remit no occupancy taxes to the County. The district court determined that the online companies were not subject...
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