ALL PLAINTIFFS v. ALL DEFENDANTS

No. 10-40119.

645 F.3d 329 (2011)

ALL PLAINTIFFS, Plaintiff-Appellee, v. ALL DEFENDANTS, et al.; Defendant, and State of Texas, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

June 27, 2011.


Attorney(s) appearing for the Case

Stephen Lee Shackelford, Jr. (argued), Susman Godfrey, L.L.P., Dallas, TX, Jose Antonio Canales , Canales & Simonson, P.C., Corpus Christi, TX, Karen A. Oshman , Susman Godfrey, L.L.P., Houston, TX, for Plaintiff-Appellee.

Joseph David Hughes , Asst. Sol. Gen. (argued), Office of the Sol. Gen. for the State of Texas, Linda Ibach Shaunessy , Asst. Atty. Gen., Financial Lit. Div., Austin, TX, for Intervenor-Appellant.

Before WIENER, GARZA and PRADO, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

This appeal concerns the disposition of unclaimed funds from a class action settlement. The plaintiffs and defendants settled the underlying antitrust claims, and funds from the settlement were allocated to various identified members of the plaintiff class. The settlement administrator sent checks to the last known addresses of plaintiffs, but many were returned as undeliverable or were never cashed. The district court invoked the doctrine...

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