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SHROYER v. NEW CINGULAR WIRELESS SERVICES, INC.

No. 08-55028.

606 F.3d 658 (2010)

Kennith SHROYER, Plaintiff-Appellant, v. NEW CINGULAR WIRELESS SERVICES, INC.; AT & T Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 26, 2010.

Attorney(s) appearing for the Case

Robert K. Friedl, Kirtland & Packard LLP, El Segundo, CA; William R. Weinstein, Sanford, Wittels & Heisler, LLP, New York, NY; for the plaintiff-appellant.

Steven P. Rice and Theresa C. Lopez, Crowell & Moring LLP, Irvine, CA, for the defendants-appellees.

Before: WILLIAM C. CANBY, JR., JOHNNIE B. RAWLINSON and N. RANDY SMITH, Circuit Judges.

CANBY, Circuit Judge:

Appellant Kennith Shroyer filed a class action against New Cingular Wireless Services, Inc., a corporation resulting from the merger of AT & T Wireless Services, Inc., and Cingular Wireless Corporation. At the time of the merger in 2004, Shroyer had a contract for wireless telephone services with AT & T. He alleged that, immediately following the merger, his cellular phone service was severely degraded. He claimed that New Cingular disregarded...

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