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RICHARDS v. DIRECT ENERGY SERVICES, LLC

No. 17-1003-cv August Term 2017.

915 F.3d 88 (2019)

Gary W. RICHARDS, on Behalf of Himself and All Others Similarly Situated, Plaintiff-Appellant, v. DIRECT ENERGY SERVICES, LLC, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 4, 2019.

Attorney(s) appearing for the Case

FOR PLAINTIFF-APPELLANT: ROBERT A. IZARD ( Craig A. Raabe , on the brief), Izard, Kindall & Raabe LLP, West Hartford, CT, for Gary W. Richards.

FOR DEFENDANT-APPELLANT: MICHAEL D. MATTHEWS ( James M. Chambers , Hutson B. Smelley , Robert P. Debelak III , on the brief), McDowell & Hetherington LLP, Houston, TX, for Direct Energy Services, LLC.

Judge Pooler concurs in part and dissents in part in a separate opinion.

Plaintiff-Appellant Gary W. Richards ("Richards") entered into an electricity contract with Defendant-Appellee Direct Energy Services, LLC ("Direct Energy"). The contract provided that, for the first twelve months, Direct Energy would guarantee Richards a fixed electricity rate that was 10% below the state-approved...

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