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STRAWN v. AT & T MOBILITY, INC.

Civil Action No. 2:06-0988.

513 F.Supp.2d 599 (2007)

James STRAWN and James Staton, individually and on behalf of all others similarly situated, Plaintiffs, v. AT & T MOBILITY, INC., f/k/a Cingular Wireless LLC, Defendant.

United States District Court, S.D. West Virginia, at Charleston.

September 26, 2007.

Attorney(s) appearing for the Case

Harry F. Bell, Jr., Tim J. Yianne, William L. Bands, Bell & Bands, Charleston, WV, for Plaintiffs.

Evan M. Tager, Jack L. Wilson, Mayer Brown Rowe & Maw, Jennifer N. Waters, Lynn E. Parseghian, Crowell & Moring, Washington, DC, Jeffrey M. Wakefield, Flaherty Sensabaugh & Bonasso, Charleston, WV, Seamus C. Duffy, William M. Connolly, William M. McSwain, Drinker Biddle & Reath, Philadelphia, PA, for Defendant.

MEMORANDUM OPINION II. AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is a motion to remand filed by plaintiffs on December 1, 2006.

I.

According to the class action complaint, defendant AT & T Mobility, Inc. f/k/a Cingular Wireless LLC ("Cingular") imposed a $2.99 monthly charge for a "roadside assistance" service plan which plaintiffs never requested. (Compl...

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