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CONEFF v. AT & T CORP.

No. 09-35563.

673 F.3d 1155 (2012)

Marygrace CONEFF; Christine Aschero; Joanne Aschero; Alex Aschero; Jennie Bragg; Gina Franks; Amy Frerker; Addie Christine Lowry; Steven Shulman; S. Leonard Shulman; Michelle Johns; Steven Knott; Liesa Krausse; Devin Gilker; Stephen Papaleo; Andrew Rudich; and Kelly Petersen, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. AT & T CORP., Defendant, and New Cingular Wireless Services, Inc., f/k/a AT & T Wireless Services Inc.; New Cingular Wireless Services, Inc.; AT & T Corp., a New York Corporation; AT & T Mobility LLC, f/k/a Cingular Wireless, LLC, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2012.

Attorney(s) appearing for the Case

Evan M. Tager , Mayer Brown LLP, Washington, D.C., for the defendants-appellants.

F. Paul Bland, Jr. , Public Justice, P.C., Washington, D.C., and Leslie A. Bailey , Public Justice, P.C., Oakland, CA, for the plaintiffs-appellees.

Michael D. Kinkley , Michael D. Kinkley , P.S., Spokane, WA, for the amicus curiae.

Before: SUSAN P. GRABER, RAYMOND C. FISHER, and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

GRABER, Circuit Judge:

Plaintiffs are current and former customers of Defendants, New Cingular Wireless Services, Inc., and AT & T Mobility, LLC (collectively, "AT & T"). Plaintiffs filed a class action against AT & T, which responded by seeking to enforce an arbitration agreement contained in its contracts with Plaintiffs. The district court refused to enforce the arbitration agreement on state...

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