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PHYSICIANS HEALTHSOURCE v. BOEHRINGER INC.

Docket No. 15-288-CV August Term, 2015.

847 F.3d 92 (2017)

PHYSICIANS HEALTHSOURCE, INC., Plaintiff-Appellant, v. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC., Boehringer Ingelheim Corporation, Medica, Inc. Defendants-Appellees, John Does, 1-10, Defendants.

United States Court of Appeals, Second Circuit.

Decided: February 3, 2017.

Attorney(s) appearing for the Case

GLENN L. HARA ( Aytan Y. Bellin , Bellin & Associates LLC, White Plains, NY, on the brief), Anderson & Wanda, White Plains, NY, for Plaintiff-Appellant.

THOMAS D. GOLDBERG ( Bryan J. Orticelli , Day Pitney LLP, Stamford, CT, Matthew H. Geelan , Donahue, Durham & Noonan, P.C., Guilford, CT, on the brief), Day Pitney LLP, Stamford, CT, for Defendants-Appellees.

Before: WINTER, JACOBS, and LEVAL, Circuit Judges.

Physicians Healthsource appeals from Judge Underhill's dismissal of its class action complaint asserting violations of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Protection Act of 2005, 47 U.S.C. § 227 (the TCPA). The complaint alleges that appellees (collectively "Boehringer") sent an unsolicited...

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