Kathleen McCarthy v. Ameritech Publishing, Inc.,, et al

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OPINION and JUDGMENT filed: The judgment of the district court is AFFIRMED in part and REVERSED in part, and the case is REMANDED to the district court with instructions to recalculate the amount of attorney s fees and expenses to which McCarthy is entitled under Federal Rule of Civil Procedure 37(c)(2). Decision for publication. Danny J. Boggs, Eugene E. Siler, Jr., and Julia Smith Gibbons (AUTHORING), Circuit Judges. [13-3295, 13-3331] *The file date on the opinion has been corrected to read "August 13, 2014" [and not August 12, 2014].--[Edited 08/13/2014 by CL]

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Case: 13-3295 Document: 62-3 Filed: 08/13/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 13-3295/13-3331 KATHLEEN A. MCCARTHY, Plaintiff - Appellant/Cross - Appellee, FILED Aug 13, 2014 DEBORAH S. HUNT, Clerk v. AMERITECH PUBLISHING, INC., dba AT&T Advertising Solutions and AT&T Advertising & Publishing, Inc.; AT&T INC., Defendants - Appellees/Cross - Appellants. Before: BOGGS, SILER, and GIBBONS, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Southern District of Ohio at Dayton. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district court is AFFIRMED in part and REVERSED in part, and the case is REMANDED to the district court with instructions to recalculate the amount of attorney’s fees and expenses to which McCarthy is entitled under Federal Rule of Civil Procedure 37(c)(2). ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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