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PECK v. AT&T MOBILITY

No. 09-36113.

632 F.3d 1123 (2011)

Jared PECK, Plaintiff, and James Bowden, a Washington resident, individually and on behalf of all the members of the class of persons similarly situated, Plaintiff-Appellant, v. AT&T MOBILITY, a Delaware limited liability company doing business as Cingular Wireless, aka Cingular Wireless, LLC; New Cingular Wireless Services, a Delaware corporation doing business as AT&T Wireless; New Cingular Wireless Services Purchasing Company LP, a Delaware limited partnership doing business as Cingular Wireless; New Cingular Wireless PCS LLC, a Delaware limited liability company doing business as Cingular Wireless, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

January 24, 2011.

Attorney(s) appearing for the Case

Daniel F. Johnson , Breskin Johnson & Townsend PLLC, Seattle, WA, for the plaintiff-appellant.

Leonard J. Feldman , Stoel Rives LLP, Seattle, WA, for the defendants-appellees.

Before: PAMELA ANN RYMER and N. RANDY SMITH, Circuit Judges, and DONALD E. WALTER, Senior District Judge.

ORDER

PAMELA ANN RYMER, Circuit Judge.

Pursuant to Rule 16.16 of the Washington Rules of Appellate Procedure (RAP) and Revised Code of Washington § 2.60.020, we respectfully certify to the Supreme Court of Washington the question of law set forth in Section III of this order. That question will determine an issue pending before this court. No precedent in the decisions of the Supreme Court of Washington controls that issue.

I. Background

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