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ERWIN v. PISCITELLO

Case No. 1-07-CV-67.

627 F.Supp.2d 855 (2007)

Louis H. ERWIN, Jr., Plaintiff, v. Christopher L. PISCITELLO, Defendant.

United States District Court, E.D. Tennessee, Chattanooga.

September 28, 2007.

Attorney(s) appearing for the Case

Arnold A. Stulce, Jr, Stulce & Yantis, Chattanooga, TN, for Plaintiff.

Neil A. Brunetz, Travis R. McDonough, W. Randall Wilson, Neil A. Brunetz, Miller & Martin PLLC, Chattanooga, TN, Eric T. Presnell, Miller & Martin, LLP, Nashville, TN, for Defendant.

MEMORANDUM

WILLIAM B. MITCHELL CARTER, United States Magistrate Judge.

According to the complaint (Doc. No. 1-2), the defendant placed an ad on eBay, representing that a classic car he had for sale was in mint condition. The plaintiff relied on this representation and purchased the vehicle, only to discover its condition was far from mint. This lawsuit ensued. On April 3, 2007, defendant Christopher L. Piscitello ("Defendant") filed a Motion to Dismiss...

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