Imhoff Investment LLC, et al v. Alfoccino, Inc., et al

Filing

OPINION and JUDGMENT filed: The district court's grant of summary judgment to Alfoccino, Inc. is REVERSED, and the case is REMANDED for further proceedings. Decision for publication. Eugene E. Siler, Jr., Karen Nelson Moore, and Jane Branstetter Stranch (AUTHORING), Circuit Judges. *Caption format was corrected after initial NDA.

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Case: 14-1704 Document: 21-3 Filed: 07/07/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 14-1704 IMHOFF INVESTMENT, L.L.C., Plaintiff, FILED Jul 07, 2015 DEBORAH S. HUNT, Clerk AVIO, INC., a Michigan corporation, individually and as the representative of a putative class of similarly situated persons, Plaintiff - Appellant, v. ALFOCCINO, INC.; TALIERCIO INVESTMENTS, INC.; FARSHID SHUSHTARI, Defendants - Appellees. Before: SILER, MOORE, and STRANCH, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Michigan at Detroit. THIS CAUSE was heard on the record from the district court and was submitted on the briefs without oral argument. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s grant of summary judgment to Alfoccino, Inc. is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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