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KLIMAS v. COMCAST CABLE COMMUNICATIONS, INC.

No. 03-2012.

465 F.3d 271 (2006)

Jeffrey KLIMAS, Individually and as a Class Representative, Plaintiff-Appellant, v. COMCAST CABLE COMMUNICATIONS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 28, 2006.

Attorney(s) appearing for the Case

ARGUED: Seth R. Lesser, Locks Law Firm, New York, New York, for Appellant. Jaime A. Bianchi, White & Case, Miami, Florida, for Appellee. ON BRIEF: Seth R. Lesser, Locks Law Firm, New York, New York, Steven E. Goren, Goren, Goren & Harris, Bingham Farms, Michigan, for Appellant. Jaime A. Bianchi, White & Case, Miami, Florida, Thomas J. Tallerico, J. Adam Behrendt, Bodman, Longley & Dahling, Troy, Michigan, for Appellee.

Before DAUGHTREY, MOORE, and McKEAGUE, Circuit Judges.

OPINION

DAUGHTREY, Circuit Judge.

In this appeal, we are asked to review the district court's order dismissing a putative class-action challenge brought under § 551 (Protection of Subscriber Privacy) of the Cable Communications Policy Act of 1984 (the Cable Act), 47 U.S.C.A. §§ 521-561 (Supp.2006). The dismissal, pursuant to Federal Rule of Civil Procedure 12(b)(6) was predicated upon the district...

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