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SATERIALE v. R.J. REYNOLDS TOBACCO CO.

No. 11-55057.

687 F.3d 1132 (2012)

Amanda SATERIALE; Jeffrey Feinman; Pamela Burns; Donald Wilson; Patrick Griffiths; Jackie Warren; Heather Polese; Richard Holter; Dan Polese; Fred Javaheri, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 13, 2012.

Attorney(s) appearing for the Case

Jeffrey H. Squire (argued), Lawrence P. Eagel and Raymond A. Bragar , Bragar Wexler Eagel & Squire, P.C., New York, NY; Lionel Z. Glancy and Marc L. Godino , Glancy Binkow & Goldberg LLP, Los Angeles, CA, for the plaintiffs-appellants.

Marc K. Callahan , John A. Vogt (argued) and Corbett H. Williams , Jones Day, Irvine, CA, for the defendant-appellee.

Before: JOHN T. NOONAN, JR., and RAYMOND C. FISHER, Circuit Judges, and KIMBERLY J. MUELLER, District Judge.

OPINION

FISHER, Circuit Judge:

R.J. Reynolds Tobacco Company (RJR) operated a customer rewards program, called Camel Cash, from 1991 to 2007. Under the terms of the program, RJR urged consumers to purchase Camel cigarettes, to save Camel Cash certificates included in packages of Camel cigarettes, to enroll in the program and, ultimately, to redeem their certificates for merchandise featured in catalogs distributed by RJR. The plaintiffs allege that, in reliance...

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