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ELECTRONIC MERCHANT SYSTEMS LLC,
Plaintiff-Appellant,
v.
PETER GAAL,
Defendant-Appellee.
   No. 22-3602
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:20-cv-01898—Dan A. Polster, District Judge.
Decided and Filed: January 30, 2023
Before: GILMAN, McKEAGUE, and GRIFFIN, Circuit Judges.


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OPINION
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McKEAGUE, Circuit Judge. Plaintiff Electronic Merchant Systems LLC (“EMS”) appeals the district court’s dismissal, for failure to state a claim, of its complaint against Defendant Peter Gaal for breach of guaranty, unjust enrichment, and fraud. EMS argues that the district court erred in considering outside information, not granting EMS leave to amend its complaint, and finding that Gaal is not liable under a guaranty provision that he signed for debt allegedly owed EMS by Gaal’s company, Procom America LLC. We AFFIRM in part and REVERSE in part.