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BARGER v. ELITE MANAGEMENT SERVICES, INC.

NO. C-170322.

119 N.E.3d 953 (2018)

2018-Ohio-3755

Nicole McClendon BARGER, Individually, and On Behalf of Those Similarly Situated, Plaintiff-Appellant, v. ELITE MANAGEMENT SERVICES, INC., Defendant-Appellee.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: September 19, 2018.

Attorney(s) appearing for the Case

Montgomery, Rennie & Jonson, George D. Jonson and Anthony P. McNamara , and Statman, Harris & Eyrich, L.L.C., Alan J. Statman , Cincinnati, and Sylvie Derrien , for Plaintiff-Appellant.

Stagnaro, Saba, & Patterson Co., L.P.A., Jeffrey M. Nye and Christopher R. Jones , Cincinnati, for Defendant-Appellee.

OPINION

{¶ 1} Nicole Barger appeals from the trial court's Civ.R. 12(B)(6) dismissal of her putative class action lawsuit against appellee Elite Management Services, Inc., ("EMS"). We affirm the dismissal of Barger's claims for breach of contract, violations of the Ohio Consumer Sales Practices Act...

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