SPARKLE HILL, INC. v. INTERSTATE MAT CORP.

No. 14-1618.

788 F.3d 25 (2015)

SPARKLE HILL, INC. and William Warming, individually and as the representatives of a class of similarly situated persons, Plaintiffs, Appellants, v. INTERSTATE MAT CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

June 3, 2015.


Attorney(s) appearing for the Case

Phillip A. Bock , with whom Tod A. Lewis , Bock & Hatch, LLC, Brian J. Wanca , David M. Oppenheim , Anderson + Wanca, Edward M. Swartz , Alan L. Cantor , and Swartz & Swartz , were on brief, for appellants.

Scott T. Ober , with whom David F. Hassett , Margarita I. Warren , and Hassett & Donnelly , P.C., were on brief, for appellee.

Before TORRUELLA, THOMPSON, and KAYATTA, Circuit Judges.


Nine years ago, plaintiffs Sparkle Hill, Inc., and its vice president and owner William Warming (collectively, "Sparkle Hill") received an unsolicited advertisement on Sparkle Hill's fax machine from defendant Interstate Mat Corporation ("Interstate"). Not one to act hastily, Sparkle Hill filed suit against Interstate in...

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