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CARLTON & HARRIS CHIROPRACTIC, INC. v. PDR NETWORK, LLC

No. 16-2185.

883 F.3d 459 (2018)

CARLTON & HARRIS CHIROPRACTIC, INC., a West Virginia Corporation, individually and as the representative of a class of similarly-situated persons, Plaintiff-Appellant, v. PDR NETWORK, LLC; PDR Distribution, LLC; PDR Equity, LLC; John Does 1-10, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 23, 2018.

Attorney(s) appearing for the Case

ARGUED: Glenn Lorne Hara , ANDERSON + WANCA, Rolling Meadows, Illinois, for Appellant. Jeffrey N. Rosenthal , BLANK ROME LLP, Philadelphia, Pennsylvania, for Appellees. ON BRIEF: Brian J. Wanca , ANDERSON + WANCA, Rolling Meadows, Illinois; D. Christopher Hedges , David H. Carriger , THE CALWELL PRACTICE PLLC, Charleston, West Virginia, for Appellant. Ana Tagvoryan , BLANK ROME LLP, Los Angeles, California; Marc E. Williams , Robert L. Massie , NELSON, MULLINS, RILEY & SCARBOROUGH LLP, Huntington, West Virginia, for Appellees.

Vacated and remanded by published opinion. Judge Diaz wrote the majority opinion, in which Judge Harris joined. Judge Thacker wrote a dissenting opinion.

Carlton & Harris Chiropractic, Inc. appeals from the district court's dismissal of its claim against PDR Network, LLC, PDR Distribution, LLC, PDR Equity, LLC, and John Does 1-10 (collectively, "PDR Network") for sending an unsolicited advertisement by fax in violation of the Telephone...

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