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FORTE v. WAL-MART STORES, INC.

No. 12-40854.

841 F.3d 306 (2016)

Doris FORTE, O.D., on behalf of herself and all other similarly situated persons; Bridget Leesang, O.D.; David Wiggins, O.D.; John Boldan, O.D., Plaintiffs-Appellees, v. WAL-MART STORES, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed October 27, 2016.

Attorney(s) appearing for the Case

Mark Clyde Burgess, Esq. , Boyd, Poff & Burgess, L.L.P., Texarkana, TX, Russell S. Post, William R. Peterson , Beck Redden, L.L.P., Houston, TX, Jose Antonic Canales , Canales & Simonson, P.C., Corpus Christi, TX, for Plaintiffs-Appellees.

Prerak Shah , Senior Counsel, James C Ho, Esq. , Ashley E. Johnson, Esq. , Gibson Dunn & Crutcher, L.L.P., Dallas, TX, for Defendant-Appellant.

William David George , Baker Wotring, L.L.P., Houston, TX, for Harris County, Texas, Hunt County, Texas, City of Houston, Texas, Texas Municipal League, Texas City Attorneys' Association, Amici Curiae.

Bill L. Davis , Assistant Attorney General, Office of the Attorney General, Austin, TX, for Attorney General of Texas, Amicus Curiae.

Before STEWART, Chief Judge, and JOLLY, and SMITH, Circuit Judges.

The Texas Supreme Court has resolved the certified questions in this case. In the light of its answers, we now vacate the district court's judgment and remand for further proceedings.

Plaintiffs, a group of optometrists who leased office space from Wal-Mart Stores, Inc., in its retail stores, sued Wal-Mart for violations of the Texas...

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