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ELECTRONIC MERCHANT SYSTEMS LLC v. GAAL

No. 22-3602.

58 F.4th 877 (2023)

ELECTRONIC MERCHANT SYSTEMS LLC, Plaintiff-Appellant, v. Peter GAAL, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 30, 2023.

Attorney(s) appearing for the Case

ON BRIEF: Egon P. Singerman , EGON P. SINGERMAN , ATTORNEY AT LAW, Solon, Ohio, Hunter G. Cavell , CAVELL LAW, LLC, Solon, Ohio, for Appellant. Alexander J. Durst , THE DURST LAW FIRM, Cincinnati, Ohio, for Appellee.

Before: GILMAN, McKEAGUE, and GRIFFIN, Circuit Judges.

OPINION

Plaintiff Electronic Merchant Systems LLC ("EMS") appeals the district court's dismissal, for failure to state a claim, of its complaint against Defendant Peter Gaal for breach of guaranty, unjust enrichment, and fraud. EMS argues that the district court erred in considering outside information, not granting...

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