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MIRKIN v. XOOM ENERGY, LLC

No. 18-3138, August Term 2018.

931 F.3d 173 (2019)

Susanna MIRKIN, Individually and on Behalf of All Others Similarly Situated and Boris Mirkin, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. XOOM ENERGY, LLC and XOOM Energy New York, LLC, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 26, 2019.

Attorney(s) appearing for the Case

J. Burkett Mcinturff ( Steven L. Wittels & Tiasha Palikovic , on the brief), Wittels Law, P.C., Armonk, NY, for Plaintiffs-Appellants.

David R. Kott ( Christopher A. Rojao , on the brief), McCarter & English, LLP, Newark, NJ, for Defendants-Appellees.

Before: NEWMAN, POOLER, and PARKER, Circuit Judges.

Susanna and Boris Mirkin (the "Mirkins") sued XOOM Energy, LLC and XOOM Energy New York, LLC (collectively, "XOOM") in New York state court for breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment.1 XOOM then removed the action to...

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