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YBARRA v. DISH NETWORK, L.L.C.

No. 14-11316.

807 F.3d 635 (2015)

Armando YBARRA, Plaintiff-Appellee v. DISH NETWORK, L.L.C., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 20, 2015.

Attorney(s) appearing for the Case

Jenny Diane DeFrancisco, Esq. (argued), Jody Berke Burton , Lemberg Law, L.L.C., Stamford, CT, Plaintiff-Appellee.

Eric Larson Zalud , Senior Litigating Attorney, Laura Elizabeth Kogan, Esq. , Benesch, Friedlander, Coplan & Aronoff, L.L.P., Cleveland, OH, Vic Houston Henry , Henry, Oddo, Austin & Fletcher, Dallas, TX, Benjamen E. Kern (argued), Benesch, Friedlander, Coplan & Aronoff, L.L.P., Columbus, OH, for Defendant-Appellant.

Before JONES, SMITH, and SOUTHWICK, Circuit Judges.

Armando Ybarra filed suit against DISH Network, L.L.C. for violations of the Telephone Consumer Protection Act. DISH called Ybarra's cell phone 15 times to collect an unpaid balance. The district court entered partial summary judgment sustaining Ybarra's claims regarding seven of the calls. Claims as to the other...

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