Wilting v. Progressive County Mutual Insurance

Michael Wilting (“Wilting”) appeals the district court’s Fed.R.Civ.P. 12(b)(6) dismissal and grant of summary judgment in favor of the Defendants. We affirm.

I.BACKGROUND

The parties do not dispute the facts of this case. While residing in Illinois in 1995, Michael Wilting established his residential telephone service with Ameritech Corporation (“Ameritech”). Late in 1997 Wilting moved and a dispute arose as to the amount of his final Ameritech bill. Wilting filed a lawsuit, which was later settled, in Texas state court against Amer-itech.

As part of the settlement, Ameritech promised that no…