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CARLSON v. FEDEX GROUND PACKAGE SYSTEMS, INC.

No. 13-14979.

787 F.3d 1313 (2015)

Donald E. CARLSON, Sheree Harting, Charles House, Stephen Renberg, Troy Upman, each individually and on behalf of all similarly situated individuals, Plaintiffs-Appellants, Cross-Appellees, v. FEDEX GROUND PACKAGE SYSTEMS, INC., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 28, 2015.

Attorney(s) appearing for the Case

Robert I. Harwood , Matthew M. Houston , Peter W. Overs , Harwood Feffer, LLP, New York, N.Y., Anthony L. Marchetti, Jr. , Marchetti Law, PC, Cherry Hill , NJ, Kristine M. Reighard , James A. Staack , Staack & Simms, PA, Clearwater, FL, for Plaintiff-Appellant Cross-Appellee.

Barry Richard , Mary Hope Keating Greenberg Traurig, LLP, Tallahassee, FL, K. Lee Blalack, II , O'Melveny & Myers, LLP, Washington, DC, Jennifer Evans , Daniel J. Franklin , O'Melveny & Myers, LLP, New York, N.Y., Kimberly J. Geary , Fedex Ground Package System, Inc., Coraopolis, PA, Benjamin H. Hill, III , David L. Luikart, III , Brett J. Preston , Hill Ward Henderson, PA, Tampa, FL, for Defendant-Appellee Cross-Appellant.

Before ED CARNES, Chief Judge, JORDAN and ROSENBAUM, Circuit Judges.

For customers who are regularly visited by the ubiquitous white trucks of FedEx Ground, with their familiar purple and green logos, the usual concern is whether packages are picked up on schedule and delivered on time. If asked, a good number of those customers would probably say that they believe (or reasonably assume) that...

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