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HANCOCK v. AMERICAN TEL. AND TEL. CO., INC.

No. 11-6233.

701 F.3d 1248 (2012)

Gayen HANCOCK; David Cross; Montez Mutzig; James Bollinger, Plaintiffs-Appellants, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, INC.; AT & T Operations, Inc.; Southwestern Bell Telephone Company, LP; Pacific Bell Telephone Company; Illinois Bell Telephone Company; Indiana Bell Telephone Company Incorporated; Michigan Bell Telephone Company; Nevada Bell Telephone Company; The Ohio Bell Telephone Company; Wisconsin Bell, Inc.; The Southern New England Telephone Company; BellSouth Telecommunications, Inc.; AT & T Southeast, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 11, 2012.

Attorney(s) appearing for the Case

Richard A. Westfall (Peter J. Krumholz and Matthew W. Spengler, with him on the briefs), Hale Westfall, LLP, Denver, CO, appearing for Appellants.

Archis A. Parasharami, Mayer Brown, LLP, Washington, DC (Evan M. Tager and Theodore J. Weiman, Mayer Brown, LLP, Washington, DC; Curtis Long, Fellers, Snider, Blankenship, Bailey & Tippens, Tulsa, OK; J. Henry Walker, IV, Cindy D. Hanson, and John P. Jett, Kilpatrick Stockton, LLP, Atlanta, GA, with him on the brief), appearing for Appellees.

Before MURPHY, EBEL, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

Gayen Hancock, David Cross, Montez Mutzig, and James Bollinger (collectively "Plaintiffs") seek to represent a class of customers dissatisfied with "U-verse," a digital telecommunications service. The United States District Court for the Western District of Oklahoma dismissed their claims based on forum selection and arbitration clauses in the U-verse terms of service. Plaintiffs appeal the dismissal of their claims.

Exercising jurisdiction...

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