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JILL B. SAVEDOFF, individually and on behalf of all others similarly situated,
Plaintiff-Appellee,
v.
ACCESS GROUP, INC.,
Defendant-Appellant.


No. 07-3670

Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 06-00135—James S. Gwin, District Judge.
Argued: March 11, 2008
Decided and Filed: May 2, 2008
Before: KEITH, CLAY, and GILMAN, Circuit Judges.

_________________________
OPINION
_________________________

CLAY, Circuit Judge. In this diversity class action, brought pursuant to the Class Action Fairness Act, 28 U.S.C. § 1332(d) (2006), Defendant Access Group, Inc. (“Access Group”) appeals the district court’s denial of Access Group’s motion for summary judgment and its grant of Plaintiff Jill B. Savedoff’s (“Savedoff”) motion for partial summary judgment on the issue of liability for Savedoff’s breach of contract claims. For the reasons that follow, we AFFIRM in part and REVERSE in part the judgment of the district court, and REMAND the case for further proceedings consistent with this opinion.


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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MARCUS BLAIR,
Defendant-Appellant.


Nos. 06-6036/6037

Appeal from the United States District Court
for the Eastern District of Tennessee at Knoxville.
Nos. 04-00088, 04-00178—Thomas A. Varlan, District Judge.
Argued: October 31, 2007
Decided and Filed: May 2, 2008
Before: DAUGHTREY and GILMAN, Circuit Judges; EDMUNDS, District Judge.

_________________________
OPINION
_________________________

NANCY G. EDMUNDS, District Judge. Defendant-appellant Marcus Blair appeals the district court’s denial of his motion to dismiss the indictment and his motion to suppress. Blair was indicted on a federal firearm charge and entered into a plea agreement with the government. Later, Blair was indicted on a federal drug charge that stemmed from a traffic stop. Blair filed a motion to dismiss the drug indictment, claiming that it violated the plea agreement in the firearm case. Blair also filed a motion to suppress the evidence seized during the traffic stop. The district court denied both motions. For the reasons set forth below, we REVERSE the district court’s denial of Blair’s motion to suppress and VACATE Blair’s sentence in the firearm case. This result makes it unnecessary for us to reach the plea agreement issue.