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LUCERO v. BUREAU OF COLLECTION RECOVERY, INC.

No. 10-2122.

639 F.3d 1239 (2011)

Richard LUCERO, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. BUREAU OF COLLECTION RECOVERY, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 31, 2011.

Attorney(s) appearing for the Case

John Wells of Law Offices of John M. Wells, P.A., Albuquerque, New Mexico, for Plaintiff-Appellant.

Adam Plotkin (and Steve Wienczkowski of Adam L. Plotkin, P.C., Denver, CO, with him on the brief; and Jennifer G. Anderson and Erin E. Langenwalter of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, New Mexico, on the brief), for Defendant-Appellee.

Before KELLY, HOLLOWAY, and TACHA, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Richard Lucero appeals from the district court's order dismissing his class-action complaint against Defendant-Appellee Bureau of Collection Recovery, Inc., for lack of subject matter jurisdiction based upon mootness of his individual claims. We must decide whether a class-action complaint must be dismissed for mootness upon the tender of a Fed.R.Civ.P. 68 offer of judgment for the full amount of the individual Plaintiff...

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