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SPIVEY v. ADAPTIVE MARKETING LLC

No. 09-3619.

622 F.3d 816 (2010)

Quinten E. SPIVEY, Plaintiff-Appellant, v. ADAPTIVE MARKETING LLC, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 20, 2010.

Rehearing Denied October 15, 2010.

Attorney(s) appearing for the Case

Mark L. Brown , Attorney (argued), Lakin Chapman, LLC, Wood River, IL, for Plaintiff-Appellant.

Nader R. Boulos , Attorney (argued), Kirkland & Ellis, LLP, Chicago, IL, for Defendant-Appellee.

Before O'CONNOR, Associate Justice, and KANNE and ROVNER, Circuit Judges.

O'CONNOR, Associate Justice (Ret.).

Quinten E. Spivey challenges the district court's grant of summary judgment against him on his claims against Adaptive Marketing for breach of contract and unjust enrichment. Because we find that no reasonable jury could find in favor of Spivey, we affirm the judgment of the district court.

I

Appellant Spivey called a telemarketing number in January 2003 and ordered an Atkins diet product. This dispute arises from...

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