GRAWITCH v. CHARTER COMMUNICATIONS, INC.

No. 13-1606.

750 F.3d 956 (2014)

Matt GRAWITCH; Mike Woody, individually and on behalf of all others similarly situated, Plaintiffs-Appellants v. CHARTER COMMUNICATIONS, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 2, 2014.


Attorney(s) appearing for the Case

Thomas Gordon Maag , argued, Wood River, IL ( Peter Jonathan Maag , on the brief), for Appellant.

James Walter Erwin , argued, Saint Louis, MO ( Roman Paul Wuller , Robert J. Wagner , on the brief), for Appellee.

Before WOLLMAN, BYE, and MELLOY, Circuit Judges.


WOLLMAN, Circuit Judge.

Matt Grawitch and Mike Woody, the named plaintiffs in a purported class action, filed suit against Charter Communications, Inc. (Charter), in Missouri state court, claiming that Charter violated the Missouri Merchandising Practices Act (MMPA), Mo.Rev.Stat. § 407.010 et seq., and breached its contract with the class members. The complaint alleged that Charter had provided the class members with Internet modems that were incapable...

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