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SAVEDOFF v. ACCESS GROUP, INC.

No. 07-3670.

524 F.3d 754 (2008)

Jill B. SAVEDOFF, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. ACCESS GROUP, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 2, 2008.

Attorney(s) appearing for the Case

ARGUED: Robert Binder, Foley & Lardner, Milwaukee, Wisconsin, for Appellant. David H. Weinstein, Weinstein, Kitchenoff & Asher, Philadelphia, Pennsylvania, for Appellee. ON BRIEF: Robert Binder, Foley & Lardner, Milwaukee, Wisconsin, Patrick T. Lewis, Porter, Wright, Morris & Arthur, Cleveland, Ohio, for Appellant. David H. Weinstein, Weinstein, Kitchenoff & Asher, Philadelphia, Pennsylvania, for Appellee.

CLAY, J., delivered the opinion of the court, in which KEITH, J., joined. GILMAN, J. (p. 770), delivered a separate opinion concurring in the result.

OPINION

CLAY, Circuit Judge.

In this diversity class action, brought pursuant to the Class Action Fairness Act, 28 U.S.C. § 1332(d) (2006), Defendant Access Group, Inc. ("Access Group") appeals the district court's denial of Access Group's motion for summary judgment and its grant of Plaintiff Jill B. Savedoff's ("Savedoff") motion for partial summary judgment on the issue of liability for Savedoff's breach of contract claims. For the reasons that follow...

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