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HUCH v. CHARTER COMMUNICATIONS, INC.

No. SC 89361.

290 S.W.3d 721 (2009)

James HUCH and Ryan Carstens, Appellants, v. CHARTER COMMUNICATIONS, INC., Respondent.

Supreme Court of Missouri, En Banc.

August 4, 2009.

Attorney(s) appearing for the Case

John E. Campbell, Erich Vieth, Amy Collignon Gunn, Simon Passanante, PC, St. Louis, MO, for appellants.

James W. Erwin, Roman P. Wuller, Thompson Coburn LLP, St. Louis, MO, for respondent.

Chris Koster, Attorney General, James R. Layton, State Solicitor, Peter Lyskowski, Assistant Attorney General, Jefferson City, for amicus curiae Office of Missouri Attorney General.

Alicia Campbell, Michael Ferry, Philip Senturia, St. Louis, for amicus curiae Gateway Legal Services, Inc., et al.

PATRICIA BRECKENRIDGE, Judge.

James Huch and Ryan Carstens filed a class-action lawsuit in St. Louis County alleging that Charter Communications illegally charged many of its customers a separate fee for a paper television-channel guide that the customers did not request. Charter moved to dismiss, asserting that the voluntary payment doctrine prohibited the court from ordering Charter to refund the money it charged, and customers paid, for the guide. The trial court...

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