Courtney CATES; Brian Stover; Jason Miller, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants,
v.
CRYSTAL CLEAR TECHNOLOGIES, LLC; Carbine & Associates, LLC; Tollgate Village Association Inc.; Bridgemore Village Owners' Association Inc.; Bridgemore Development Group, LLC; Tollgate Farms, LLC, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: July 26, 2017.
Decided and Filed: October 30, 2017.
Attorney(s) appearing for the Case
ARGUED: Benjamin Andrew Gastel , BRANSTETTER STRANCH & JENNINGS, PLLC, Nashville, Tennessee, for Appellants. D. Alexander Fardon , RILEY WARNOCK & JACOBSON, PLC, Nashville, Tennessee, for Appellees Crystal Clear Technologies and Carbine & Associates. Valerie Diden Moore , BUTLER SNOW LLP, Nashville, Tennessee, for Appellees Tollgate Village Association and Bridgemore Village Owners' Association. ON BRIEF: Benjamin Andrew Gastel , BRANSTETTER STRANCH & JENNINGS, PLLC, Nashville, Tennessee, for Appellants. D. Alexander Fardon , RILEY WARNOCK & JACOBSON, PLC, Nashville, Tennessee, Craig V. Gabbert, Jr. , BASS, BERRY & SIMS PLC, Nashville, Tennessee, for Appellees Crystal Clear Technologies and Carbine & Associates. Valerie Diden Moore , BUTLER SNOW LLP, Nashville, Tennessee, for Appellees Tollgate Village Association and Bridgemore Village Owners' Association.
COLE, C.J., delivered the opinion of the court in which BATCHELER, J., joined in all but Part II.B., and MOORE, J., joined in all but Part II.C. BATCHELDER, J. (pp. 537-40), delivered a separate opinion concurring in part and dissenting from Part II.B. MOORE, J. (pp. 540-44), delivered a separate opinion concurring in part and dissenting from Part II.C.
OPINION
COLE, Chief Judge.
The three named plaintiffs brought a purported class action alleging that the developers of their neighborhoods created agreements that violated both state and federal law by requiring the neighborhoods' homeowners to pay for basic telecommunications services provided by Crystal Clear Technologies, LLC ("Crystal...
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