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ESI ERGONOMIC SOLUTIONS v. UNITED ARTISTS THEATRE CIRCUIT, INC.

No. 1 CA-CV 01-0396.

50 P.3d 844 (2002)

203 Ariz. 94

ESI ERGONOMIC SOLUTIONS, LLC, an Arizona limited liability company, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. UNITED ARTISTS THEATRE CIRCUIT, INC., a Maryland corporation; American Blast Fax, Inc., a Texas corporation, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

July 16, 2002.

Attorney(s) appearing for the Case

LaVoy & Chernoff, P.C. by Christopher A. LaVoy, Phoenix, and Chandler, Tullar, Udall & Redhair, LLP by Edward Moomjian, II, Tucson, Attorneys for ESI Ergonomic Solutions LLC.

Lewis & Roca LLP by Keith Beauchamp Robert G. Schaffer, Phoenix, Attorneys for United Artists Theatre Circuit, Inc.

OPINION

PATTERSON, Judge.

¶ 1 ESI Ergonomic Solutions, LLC ("ESI") filed suit as the representative of a class action against defendants United Artists Theatre Circuit, Inc. ("United Artists") and American Blast Fax, Inc. ("ABF"). ESI alleged that the defendants violated 47 U.S.C. § 227 (1994), which prohibits transmitting unsolicited advertisements to telephone facsimile machines and provides for a private right of action against violators. 47...

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