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NESSEL EX REL. MICHIGAN v. AMERIGAS PARTNERS, L.P.

No. 20-1098.

954 F.3d 831 (2020)

Dana NESSEL, Attorney General of the State of Michigan, EX REL., The People of the State of MICHIGAN, Plaintiff-Appellee, v. AMERIGAS PARTNERS, L.P.; AmeriGas Propane, L.P., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 27, 2020.

Attorney(s) appearing for the Case

ON BRIEF: James T. Hultquist , Timothy R. Carwinski , M. Patrick Yingling , Jillian L. Burstein , REED SMITH LLP, Chicago, Illinois, John R. Prew , HARVEY KRUSE, P.C., Troy, Michigan, for Appellants. Katherine J. Bennett , Darrin F. Fowler, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

CLAY, J., delivered the opinion of the court in which MURPHY, J., joined. NALBANDIAN, J. (pp. 838-42), delivered a separate opinion concurring in part and in the judgment.

OPINION

Defendants AmeriGas Partners, L.P., and AmeriGas Propane, L.P., (collectively, "AmeriGas") appeal the district court's order remanding this action to state court. This appeal presents the question of whether a representative action brought by the Michigan Attorney General pursuant to the Michigan Consumer Protection...

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