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Eades v. Kennedy, PC Law offices

United States Court of Appeals, Second Circuit

June 4, 2015

JONI EADES and LEVERE C. PIKE, JR., Plaintiffs-Appellants,
v.
KENNEDY, PC LAW OFFICES, Defendant-Appellee. [*]

Argued: December 4, 2014.

Page 162

[Copyrighted Material Omitted]

Page 163

[Copyrighted Material Omitted]

Page 164

[Copyrighted Material Omitted]

Page 165

BRIAN L. BROMBERG, Bromberg Law Office, P.C., New York, N.Y. (Jonathan R. Miller, Bromberg Law Office, P.C., New York, NY; Kenneth R. Hiller, Seth J. Andrews, Law Offices of Kenneth Hiller, PLLC, Amherst, NY, on the brief), for Plaintiffs-Appellants.

S. DWIGHT STEPHENS (John H. Somoza, on the brief), Melito & Adolfsen P.C., New York, NY, for Defendant-Appellee.

Before: SACK, LYNCH, and LOHIER, Circuit Judges.

OPINION

Page 166

LOHIER, Circuit Judge:

Plaintiffs Joni Eades and Levere C. Pike, Jr. sued Defendant Kennedy, PC Law Offices (" Kennedy" ), alleging that Kennedy's attempts to collect a debt from the Plaintiffs violated the Fair Debt Collection Practices Act (FDCPA). The United States District Court for the Western District of New York (Larimer, J.) dismissed the Plaintiffs' amended complaint, holding primarily that the court lacked personal jurisdiction over Kennedy. In the alternative it also concluded that the payment allegedly owed to Kennedy's client, a Pennsylvania nursing home, was not a " debt" under the FDCPA and ...


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