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TOBEN v. BRIDGESTONE RETAIL OPERATIONS, LLC

No. 13-3329.

751 F.3d 888 (2014)

Patricia TOBEN, on behalf of herself and all others similarly situated, Plaintiff-Appellant v. BRIDGESTONE RETAIL OPERATIONS, LLC, doing business as Firestone Complete Auto Care, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 13, 2014.

Attorney(s) appearing for the Case

John E. Campbell , argued, ( Erich Vieth , Alicia Campbell , on the brief), Saint Louis, MO, for Plaintiff-Appellant.

Martin G. Durkin, Jr. , argued, Chicago, IL ( Colin P. Smith , Simon B. Auerbach , Chicago, IL, Joseph R. Swift , Kurt A. Schmid , St. Louis, MO, on the brief), for Defendant-Appellee.

Before RILEY, Chief Judge, BENTON and KELLY, Circuit Judges.

BENTON, Circuit Judge.

Patricia Toben filed a putative class action against Bridgestone Retail Operations, LLC for violating the Missouri Merchandising Practices Act (MMPA). After limited discovery, Toben moved for class certification. Bridgestone moved for summary judgment. Toben moved to stay summary judgment pending merits discovery. The district court granted summary judgment. Toben appeals. Having jurisdiction under...

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