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NIGRO v. MERCANTILE ADJUSTMENT BUREAU, LLC

Docket No. 13-1362.

769 F.3d 804 (2014)

Albert A. NIGRO, Plaintiff-Appellant, v. MERCANTILE ADJUSTMENT BUREAU, LLC, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 16, 2014.

Attorney(s) appearing for the Case

Kenneth R. Hiller , Amherst, NY, for Plaintiff-Appellant.

Bryan C. Shartle ( David Israel , Justin H. Holmes , Michael Del Valle , on the brief), Sessions, Fishman, Nathan & Israel, Amherst, NY, for Defendant-Appellee.

Jonathan B. Sallet , General Counsel, Federal Communications Commission, Washington, DC, for Amicus Curiae Federal Communications Commission.

Before: KEARSE, WINTER, and WESLEY, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Albert Nigro ("Nigro") seeks reversal of a March 13, 2013 judgment of the United States District Court for the Western District of New York (Skretny, C.J.) granting Defendant-Appellee Mercantile Adjustment Bureau's ("MAB") motion for summary judgment. Nigro asserts that, while attempting to collect his deceased mother-in-law's unpaid electric bill, MAB sent numerous automated telephone calls to his mobile phone in violation of the Telephone...

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