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CLARK v. BELLSOUTH TELECOMMUNICATIONS, INC.

Civ.A. No. 3:04-CV-735H.

461 F.Supp.2d 541 (2006)

Michael CLARK, et al., Plaintiffs, v. BELLSOUTH TELECOMMUNICATIONS, INC., Defendant.

United States District Court, W.D. Kentucky, at Louisville.

October 27, 2006.

Attorney(s) appearing for the Case

Culver V. Halliday, David R. Gibson, Deborah T. Eversole, Douglas F. Brent, John W. Bilby, Stoll Keenan Ogden PLLC, Louisville, KY, for Plaintiffs.

Cheryl R. Winn, BellSouth Telecommunications, Inc., Douglass C.E. Farnsley, Marjorie Ann Farris, O. Scott Barber, III, Stites & Harbison, PLLC, Louisville, KY, for Defendant.

MEMORANDUM OPINION

HEYBURN, Chief Judge.

Plaintiffs, Michael Clark and others are customers of BellSouth Telecommunications, Inc., ("BellSouth"). In this federal complaint they seek reimbursement for Kentucky sales tax on DSL Internet access services which they contended BellSouth wrongfully collected. They assert both common law claims of conversion and fraud as well as statutory claims under the Kentucky Consumer Protection Act, Ky. Rev.Stat. Ann. §...

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