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MIKULSKI v. CENTERIOR ENERGY CORP.

No. 03-4486.

435 F.3d 666 (2006)

Jerome R. MIKULSKI; Elzetta C. Mikulski, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. CENTERIOR ENERGY CORPORATION; First Energy Corporation; Cleveland Electric Illuminating Company; The Toledo Edison Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 26, 2006.

Attorney(s) appearing for the Case

ARGUED: Eric H. Zagrans, Zagrans Law Firm, Elyria, Ohio, for Appellants. Mitchell G. Blair, Calfee, Halter & Griswold, Cleveland, Ohio, for Appellees. ON BRIEF: Eric H. Zagrans, Zagrans Law Firm, Elyria, Ohio, Thomas R. Theado, Gary, Naegele & Theado, LLC, Lorain, Ohio, Eben O. McNair IV, Daniel S. White, Schwarzwald & McNair, Cleveland, Ohio, for Appellants. Mitchell G. Blair, Colleen M. O'Neil, Tracy S. Johnson, Anthony J. LaCerva, Calfee, Halter & Griswold, Cleveland, Ohio, for Appellees.

Before: BATCHELDER and DAUGHTREY, Circuit Judges; O'KELLEY, District Judge.

O'KELLEY, D.J., delivered the opinion of the court, in which BATCHELDER, J., joined.

DAUGHTREY, J. (pp. 676-678), delivered a separate opinion concurring in part and dissenting in part.

OPINION

O'KELLEY, District Judge.

This appeal arises from four state court actions against the defendants that were separately removed to the U.S. District Court for the Northern District of Ohio. The four cases were later consolidated to address the defendants...

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