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IN RE UNIVERSAL SERVICE FUND TELEPHONE BILLING

Nos. 09-3059, 09-3077.

619 F.3d 1188 (2010)

In re UNIVERSAL SERVICE FUND TELEPHONE BILLING PRACTICE LITIGATION. Class Plaintiffs, Plaintiffs, Class Plaintiffs, Thomas F. Cummings; Roger A. Gerdes; Sterling Beimfohr, doing business as Sterling Sails, Plaintiffs-Appellees/Cross-Appellants, v. AT & T Corporation, Defendant-Appellant/Cross-Appellee, Harris, Wiltshire & Grannis LLP, Respondent, and Pam Hattaway, formerly known as Pam Holloway; George Hattaway; T.J. Adamczyk, Objectors.

United States Court of Appeals, Tenth Circuit.

September 20, 2010.

Attorney(s) appearing for the Case

David W. Carpenter ( Mark B. Blocker and Michael Doss with him on the briefs), Sidley Austin LLP, Chicago, IL, for Defendant-Appellant/Cross-Appellee.

Barry Barnett of Susman Godfrey L.L.P., Dallas, TX, and F. Paul Bland, Jr. , Public Justice, Washington, DC ( Warren T. Burns of Susman Godfrey L.L.P., Dallas, TX, with them on the briefs), for Plaintiffs-Appellees/Cross-Appellants.

Before MURPHY, HOLMES, Circuit Judges, and POLLAK, District Judge.

MURPHY, Circuit Judge.

I. Introduction

This multidistrict litigation involves multiple class action lawsuits arising from the billing practices of defendant AT & T Corporation. Each class of plaintiffs challenged the lawfulness of a monthly line-item charge defendant imposed on its customers to recover contributions to the federal Universal Service Fund ("USF") required by 47 U.S.C. § 254. One subclass of plaintiffs, comprising all residential long...

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