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WAMPLER v. SOUTHWESTERN BELL TELEPHONE CO.

No. 09-50208.

597 F.3d 741 (2010)

Lindsey WAMPLER; Michael J. Peacock, Plaintiffs-Appellants, v. SOUTHWESTERN BELL TELEPHONE COMPANY, doing business as AT&T Southwest, doing business as AT&T Datacomm, doing business as AT&T Texas; SBC Advanced Solutions, Inc., doing business as AT&T Advanced Solutions; AT&T, Inc.; Parkmeed Malibu Canyon LLC II; Parkmeed Malibu Canyon LLC; Richard H. Moran; Robert S. Wells, as Trustee of the Wells Revocable Trust Dated July 2, 2002; Christa B. Wells, as Trustee of the Wells Revocable Trust Dated July 2, 2002; Castle Hills, L.P.; Renaissance at West Avenue Apartments, L.P.; Buca West Avenue Genpar, LLC; AT&T Video Services, Inc., doing business as AT&T Home Entertainment; GE-CWS Pool, LLC, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 22, 2010.

Attorney(s) appearing for the Case

Royal B. Lea, III (argued), Bingham & Lea, P.C., Lance Hunter Beshara, Randall Alan Pulman, Pulman, Cappuccio, Pullen & Benson, L.L.P., San Antonio, TX, for Plaintiffs-Appellants.

Theodore A. Livingston (argued), Mayer Brown, L.L.P., Chicago, IL, for Southwestern Bell Tel. Co., SBC Advanced Solutions, Inc., AT&T, Inc. and AT&T Video Services, Inc.

Robert David Fritsche, Law Offices of R. David Fritsche, San Antonio, TX, for Parkmeed Malibu Canton LLC II, Parkmeed Malibu Canyon LLC, Moran and Robert and Christa Wells.

Bruce H. Clark, Clark & Clark, Austin, TX, for Castle Hills, LP and GE-CWS Pool, LLC.

Before REAVLEY, DAVIS and STEWART, Circuit Judges.

REAVLEY, Circuit Judge:

Plaintiffs/Appellants sue for themselves and on behalf of a class of all residents of multiple dwelling units ("MDUs") in five states who are limited to voice, video, and Internet service by contracts with Defendant/Appellee AT&T. The claim is that a single MDU is itself a relevant geographic market and for that reason the contracts are in violation of § 1 of the Sherman Act.1 The district court dismissed...

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