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SPENGLER v. ADT SEC. SERVICES, INC.

No. 06-2537.

505 F.3d 456 (2007)

Dwight SPENGLER, Plaintiff-Appellant, v. ADT SECURITY SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 4, 2007.

Attorney(s) appearing for the Case

ARGUED: Roy J. Transit, Royal Oak, Michigan, for Appellant. Charles C. Eblen, Shook, Hardy & Bacon, Kansas City, Missouri, for Appellee. ON BRIEF: Roy J. Transit, Royal Oak, Michigan, for Appellant. Charles C. Eblen, Shook, Hardy & Bacon, Kansas City, Missouri, for Appellee.

Before: BOGGS, Chief Judge; MARTIN and SUTTON, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Dwight Spengler appeals from the district court's dismissal of his tort claim on summary judgment. Spengler alleges that ADT is responsible for his mother's death by failing to dispatch an ambulance to her address after she pressed an ADT-issued emergency call button. Because the district court correctly held that this case sounds in contract and not in tort, we AFFIRM the holding of the district court.

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