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SOUTHWESTERN BELL v. MARKETING ON HOLD

No. 05-0748.

308 S.W.3d 909 (2010)

SOUTHWESTERN BELL TELEPHONE COMPANY, Petitioner, v. MARKETING ON HOLD INC., d/b/a Southwest Tariff Analyst, Respondent.

Supreme Court of Texas.

Decided February 19, 2010.

Rehearing Denied May 7, 2010.

Attorney(s) appearing for the Case

Mike A. Hatchell, Molly H. Hatchell, Locke Lord Bissell & Liddell, LLP, Austin, Christopher Benjamin Dove, Locke Lord Bissell & Liddell, LLP, Houston, Kirsten M. Castaneda, Locke Lord Bissell & Liddell, LLP, Weston C. Loegering, Hughes & Luce, LLP, Christopher D. Kratovil, K & L Gates LLP, Dallas, Cynthia F. Malone, Richard M. Parr, San Antonio, for Petitioner.

John M. O'Quinn, Russell T. Lloyd, Jonathan Scott Stoger, The O'Quinn Law Firm, Thomas Bray, J. Marcus Hill, Hill & Hill, P.C., David W. Holman, The Holman Law Firm, P.C., Houston, Manuel M. Vela, Harlingen, Ernesto Gamez Jr., Brownsville, for Respondent.

Justice WAINWRIGHT delivered the opinion of the Court in which Justice HECHT, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined.

In this interlocutory appeal of a trial court's class certification order, the class representative obtained assignments of claims that the defendant telephone company improperly charged some of its business customers certain municipal fees. The court of appeals affirmed the statewide class certification. 170 S...

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