FENSTERSTOCK v. EDUCATION FINANCE PARTNERS

Docket No. 09-1562-cv.

611 F.3d 124 (2010)

Joshua G. FENSTERSTOCK, an individual, on his own behalf and on behalf of all similarly situated, Plaintiff-Appellee, v. EDUCATION FINANCE PARTNERS, a California corporation, Defendant, Affiliated Computer Services, Inc., a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 12, 2010.


Attorney(s) appearing for the Case

Orin Kurtz, New York, N.Y. (Karin E. Fisch, Abbey Spanier Rodd & Abrams, New York, NY, Alan E. Sash, McLaughlin & Stern, New York, NY, on the brief), for Plaintiff-Appellee.

Edward K. Lenci, New York, New York (Hinshaw & Culbertson, New York, New York, on the brief), for Defendant-Appellant.

Before KEARSE, CABRANES, and STRAUB, Circuit Judges.


KEARSE, Circuit Judge:

Plaintiff Joshua G. Fensterstock commenced this action asserting state-law claims on behalf of himself and others similarly situated, alleging that defendants Education Finance Partners ("EFP") and Affiliated Computer Services, Inc. ("ACS"), have engaged in fraudulent and deceptive practices in connection with the solicitation, consolidation, and servicing of student loans. ACS appeals from an order of the United States District Court for the...

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