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SALLING v. BUDGET RENT-A-CAR SYSTEMS, INC.

No. 10-3998.

672 F.3d 442 (2012)

Michael SALLING, Plaintiff-Appellant, v. BUDGET RENT-A-CAR SYSTEMS, INC.; Avis Budget Car Rental, LLC; Avis Budget Group, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 29, 2012.

Attorney(s) appearing for the Case

ARGUED: Nicole T. Fiorelli , Patrick J. Perotti , Dworken & Bernstein Co., L.P.A., Painesville, Ohio, Dworken & Bernstein, Painesville, Ohio, for Appellants. Marc J. Kessler , Hahn Loeser & Parks LLP, Columbus, Ohio, for Appellee. ON BRIEF: Nicole T. Fiorelli , Patrick J. Perotti , Dworken & Bernstein Co., L.P.A., Painesville, Ohio, Dworken & Bernstein, Painesville, Ohio, for Appellants. Marc J. Kessler , Kerry R. Green , Hahn Loeser & Parks LLP, Columbus, Ohio, for Appellee.

Before: MARTIN and GIBBONS, Circuit Judges; STEEH, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Michael Salling rented a car from Budget Rent-A-Car at the airport in Cleveland, Ohio. He drove the car sixty-four miles in one day, refilled the fuel tank, and returned the car to the same Budget location from which he rented the car. In addition to rental and other fees that he does not dispute, he was charged a $13.99 fuel service fee that he disputes.

Salling...

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