PATRICIA NELSKI V AMERITECH

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STATE OF MICHIGAN COURT OF APPEALS PATRICIA NELSKI, a/k/a PATRICIA PELLAND, UNPUBLISHED June 29, 2004 Plaintiff-Appellant, v AMERITECH, AMERITECH SERVICES, INC., AMERITECH COMMUNICATIONS, INC., AMERITECH CORPORATION, INC., AMERITECH PUBLISHING, INC., and MICHIGAN BELL TELEPHONE COMPANY, No. 244644 Wayne Circuit Court LC No. 01-121059-NO Defendants-Appellees. Before: Borrello, P.J., and White and Smolenski, JJ. WHITE, J. (concurring). I agree with the majority’s analysis of the “furnisher of information” issue. I concur regarding the preemption issue because I conclude that in amending 15 USC 1681t and enacting 15 USC 1681s-2, Congress did not intend to bar actions theretofore permitted under 15 USC 1681h(e). On this record, it is unclear whether plaintiff can sustain an action under 15 USC 1681(h). The parties should address this issue on remand. /s/ Helene N. White -1-

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