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EMCASCO INS. CO. v. CE DESIGN, LTD.

No. 14-6064.

784 F.3d 1371 (2015)

EMCASCO INSURANCE COMPANY; Employers Mutual Casualty Company, Plaintiffs Counter Defendants-Appellees, v. CE DESIGN, LTD, an Illinois corporation, Defendant Counter Plaintiff-Appellant, and Custom Mechanical Equipment, Inc.; Custom Mechanical Equipment of Wisconsin; Custom Equipment, LLC, Defendants.

United States Court of Appeals, Tenth Circuit.

May 4, 2015.

Attorney(s) appearing for the Case

Jeffrey A. Berman, Anderson + Wanca, Rolling Meadows, IL; ( David M. Oppenheim, Anderson + Wanca, Rolling Meadows, IL, Phillip A. Bock, Bock & Hatch, LLC, Chicago, IL, and Michael E. Grant, Musser, Kouri, Bentwood & Grant, Oklahoma City, OK, with him on the briefs), for Defendant Counter Plaintiff-Appellant, CE Design Ltd.

Brian A. O'Gallagher, Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC, Chicago, IL ( Kristina M. Beck, Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC, Chicago, IL, and Christopher D. Wolek, Gibbs, Armstrong, Borochoff, Mullican, & Hart, Tulsa, OK, with him on the briefs), for Plaintiff Counter Defendants-Appellees, Emcasco Insurance Company and Employers Mutual Casualty Company.

Before TYMKOVICH, GORSUCH, and PHILLIPS, Circuit Judges.

This case started with a junk fax. In April 2008, Custom Mechanical Equipment, Inc. (Custom), an Oklahoma company, faxed an advertisement to CE Design in Illinois. Unlike most junk fax recipients, who simply dispose of these faxes, CE Design sued Custom under federal and state law. CE Design brought a class action suit of...

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