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TELE-SAVE MERCHANDISING v. CONSUMERS DISTRIBUTING

No. 86-3115.

814 F.2d 1120 (1987)

TELE-SAVE MERCHANDISING COMPANY, Plaintiff-Appellant, v. CONSUMERS DISTRIBUTING COMPANY, LTD., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 1, 1987.

Attorney(s) appearing for the Case

Gary D. Greenwald (argued), Schottenstein, Zox, Dunn, Columbus, Ohio, for plaintiff-appellant.

Karen A. Winters, Asst. Atty. Gen., Consumer Protection Div., Columbus, Ohio, for Amicus Curiae — State of Ohio in support of appellant.

James L. Graham, Columbus, Ohio, Barry L. Eisenberg (argued), Lasser, Hochman, Marcus, Guryan, & Kuskin, Roseland, N.J., for defendant-appellee.

Before MARTIN, MILBURN and BOGGS, Circuit Judges.

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiff Tele-Save Merchandising Company appeals the grant of defendant's motion for summary judgment in this diversity action brought under the provisions of 28 U.S.C. § 1332(a). Tele-Save's original complaint contained four allegations against Consumers Distributing Company, Ltd.; count one, alleging violations of the Ohio Business Opportunity Plans Act, is the sole subject of this appeal. For the reasons set forth below...

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