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Joseph W. COLE, II, et al., Plaintiffs-Appellants, v. AMERICAN COMMUNITY SERVICES, INC., et al., Defendants-Appellees.

PER CURIAM.

Plaintiffs appeal the decision of the district court granting summary judgment in favor of Defendant American Community Services, Inc. Having reviewed the record and the applicable law, and having the benefit of oral argument and the parties' briefs, we determine that no jurisprudential purpose would be served by a panel opinion and AFFIRM the district court's decision for the reasons stated in that court's opinion. The district court's decision to disregard Plaintiff Cole's affidavit was proper under the reasoning announced by this Court in Aerel, S.R.L. v. PCC Airfoils, LLC, 448 F.3d 899 (6th Cir. 2006). Accordingly, the district court correctly found that the evidence viewed in the light most favorable to Plaintiffs did not support their state law tort claims and that Defendant was entitled to judgment as a matter of law.

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COLE v. AMERICAN COMMUNITY SERVICES
(Sep 25, 2007)