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EASTMAN v. FIRST DATA CORP.

No. 13-8071.

736 F.3d 675 (2013)

Rachel EASTMAN, an individual; Academic Software, a New Jersey Corporation; AIA Enterprises Inc, d/b/a Chesterfield Inn, a New Jersey Corporation; Budget Windows, a New Jersey Corporation; John Pierson, an individual, on behalf of themselves and all others similarly situated; Petitioners v. FIRST DATA CORPORATION, a Delaware Corporation; First Data Merchant Services Corporation, a Florida Corporation, Respondents.

United States Court of Appeals, Third Circuit.

December 4, 2013.

Attorney(s) appearing for the Case

Nathan M. Edelstein, Esq. , Yardley, PA, Mark A. Fisher, Esq. , Arnold C. Lakind, Esq. , Stephen Skillman, Esq. , Szaferman, Lakind, Blumstein & Blader, Lawrenceville, NJ, for Plaintiffs-Petitioners.

Thomas A. Cunniff, Esq. , Fox Rothschild, Lawrenceville, NJ, for Defendants-Respondents.

Before: SMITH, HARDIMAN and VAN ANTWERPEN, Circuit Judges.

OPINION

PER CURIAM.

Petitioners have filed a Fed.R.Civ.P. 23(f) petition for permission to appeal the District Court's order denying class certification. Because the Rule 23(f) petition is untimely, we will dismiss the petition.

I.

Plaintiffs, now Petitioners, are 24,000 New Jersey merchants who entered into contracts for credit or debit point of sales terminals with Defendants First Data Corporation and First Data Merchant Services Corporation...

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