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FABIAN v. FULMER HELMETS, INC.

No. 10-5009.

628 F.3d 278 (2010)

Robert FABIAN, Plaintiff-Appellant, v. FULMER HELMETS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 23, 2010.

Attorney(s) appearing for the Case

ARGUED: Michael J. Wall , Branstetter, Stranch & Jennings, PLLC, Nashville, Tennessee, for Appellant. Oscar C. Carr, III , Glankler Brown, PLLC, Memphis, Tennessee, for Appellee. ON BRIEF: James G. Stranch, III , J. Gerard Stranch, IV , Steven J. Simerlein , Branstetter, Stranch & Jennings, PLLC, Nashville, Tennessee, for Appellant. Oscar C. Carr, III , Glankler Brown, PLLC, Memphis, Tennessee, for Appellee.

Before: MOORE, SUTTON and FRIEDMAN, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

Robert Fabian, a representative of a yet-to-be-certified class, seeks recovery from a helmet manufacturer for misrepresenting the safety of its helmets. The district court granted the defendant's motion to dismiss the suit, holding that Fabian's complaint fails to state a cognizable claim. Because Fabian's factual allegations, when construed in his favor, state a plausible claim for relief, we reverse.

I.

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