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HAYES v. WAL-MART STORES, INC.

No. 12-2522.

725 F.3d 349 (2013)

William HAYES v. WAL-MART STORES, INC., doing business as Sam's Club; ABC Corporations I-V (fictitious names) Wal-Mart Stores, Inc., doing business as Sam's Club, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 2, 2013.

Attorney(s) appearing for the Case

Charles B. Casper, Esq. , John G. Papianou, Esq. [argued], Paul H. Zoubek, Esq. , Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for Appellant.

Daniel Lapinski, Esq. [argued], Wilentz, Goldman & Spitzer, Woodbridge, NJ, James C. Shah, Esq. , Shepherd, Finikelman, Miller & Shah, Collingswood, NJ, for Appellee.

Before: SCIRICA, AMBRO and FUENTES, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an interlocutory appeal under Fed.R.Civ.P. 23(f). Plaintiff Hayes brought a putative class action against Wal-Mart, asserting claims for violation of the New Jersey Consumer Fraud Act, breach of contract, and unjust enrichment in connection with Wal-Mart's sale of extended warranty plans through Sam's Club retail stores. Defendant Wal-Mart contests the trial court's order granting plaintiff Hayes' motion...

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