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ASHLAND HOSP. v. SERVICE EMPLOYEES INTERN. UNION

No. 11-6006.

708 F.3d 737 (2013)

ASHLAND HOSPITAL CORPORATION, d/b/a King's Daughters Medical Center, Plaintiff-Appellant, v. SERVICE EMPLOYEES INTERNATIONAL UNION, DISTRICT 1199 WV/KY/OH, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 21, 2013.

Attorney(s) appearing for the Case

ARGUED: W. Mitchell Hall, Jr. , Vanantwerp, Monge, Jones, Edwards & McCann, LLP, Ashland, Kentucky, for Appellant. Benjamin S. Basil , Priddy, Cutler, Miller & Meade PLLC, Louisville, Kentucky, for Appellee. ON BRIEF: W. Mitchell Hall, Jr. , Leigh Gross Latherow , Christina D. Dajjar , Vanantwerp, Monge, Jones, Edwards & McCann, LLP, Ashland, Kentucky, for Appellant. Don Meade , Priddy, Cutler, Miller & Meade PLLC, Louisville, Kentucky, for Appellee.

COLE, J., delivered the opinion of the court, in which MOORE, J., joined. ROSE, D.J. (pp. 745-47), delivered a separate dissenting opinion.

OPINION

COLE, Circuit Judge.

This case turns on the reach of two provisions of the Telephone Consumer Protection Act of 1991 ("TCPA" or "Act"), 47 U.S.C. § 227. The Act bans certain abuses of telephone technology that threaten the privacy of our homes and businesses. Ashland Hospital Corporation, doing business as King's Daughters Medical Center ("KDMC"), brought suit against the Service Employees International Union ("SEIU"), District 1199 WV/ KY/OH...

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