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GARY PHILLIPS & ASSOC. v. AMERITECH CORP.

No. 00AP-1004.

144 Ohio App.3d 149 (2001)

GARY PHILLIPS & ASSOCIATES, Appellant, v. AMERITECH CORPORATION et al., Appellees.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided June 5, 2001.

Attorney(s) appearing for the Case

Murray, Murphy, Moul & Basil, LLP, Brian K. Murphy and Joseph Murray; Murray & Murray Co., L.P.A., John T. Murray and Barbara Quinn Smith, for appellant.

Porter, Wright, Morris & Arthur, LLP, James S. Oliphant and Ralph F. Gildehaus; Kirkland & Ellis, Frank Cicero, Jr., Leslie M. Smith and Carole A. Cheney, for appellees.

PETREE, Judge.

On August 11, 1999, plaintiff, Gary Phillips & Associates, filed a class action complaint against defendants, Ameritech Corporation and Ohio Bell Telephone Company. In that complaint, plaintiff set forth claims for fraud and promissory estoppel, which plaintiff avers are the result of the defendants' advertising and marketing of voice mail services. On February 22, 2000, defendants moved to dismiss these claims pursuant to Civ.R. 12(B)(6) and the...

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