Peck v. Cingular Wireless, LLC
Court of Appeals for the Ninth Circuit
1Opinion of the Court
HOOD, Senior District Judge:
Appellant Jared A. Peck (“Appellant”) appeals the district court’s grant of the motion to dismiss the complaint filed by Appellees Cingular Wireless, LLC and its subsidiaries (collectively, “Cingular” or “Appellees”). We have jurisdiction pursuant to 28 U.S.C. § 1291 and vacate and remand the decision of the district court.
I. BACKGROUND
Appellant is a former employee of Cin-gular. During his tenure with Cingular, Appellant was provided with Cingular wireless service free of charge. Upon resigning his employment and prior to the filing of this lawsuit, Appellant…
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