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MANISCALCO v. BROTHER INTERN. (USA) CORP.

No. 11-3032.

709 F.3d 202 (2013)

Mark MANISCALCO; Walter Huryk, on behalf of themselves and all others similarly situated, v. BROTHER INTERNATIONAL (USA) CORPORATION Walter Huryk, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: March 8, 2013.

Attorney(s) appearing for the Case

Douglas J. McNamara, Esq. (Argued), Lisa M. Mezzetti, Esq. , Cohen Milstein, Washington, DC, for Appellant.

Michael R. McDonald, Esq. (Argued), Melissa C. Dehonney, Esq. , Lan Hoang, Esq. , Christopher Walsh, Esq. , Gibbons, Newark, NJ, for Appellee.

Before: SMITH, CHAGARES and BARRY, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

I. INTRODUCTION

Walter Huryk ("Huryk") appeals the order of the District Court granting summary judgment in favor of Brother International Corp. ("BIC") and dismissing his putative class action claim under the New Jersey Consumer Fraud Act ("NJCFA"), N.J. Stat. Ann. § 56:8-2. The District Court dismissed that claim — a claim for concealing or failing...

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