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CUMMINGS v. HPG INTERN., INC.

No. 00-1842.

244 F.3d 16 (2001)

William S. CUMMINGS and Joyce M. Cummings, Trustees of W.S. Cummings Realty Trust, Lundquist, Inc., 6 WCP, Inc., and St. Thomas Realty Fund, Inc., Plaintiffs, Appellants, v. HPG INTERNATIONAL, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 22, 2001.

Attorney(s) appearing for the Case

David R. Suny, with whom Susan F. Brand and Cummings Properties, LLC, were on brief, for appellants.

Jeffrey M. Graeber, with whom Graeber & Davis, P.C., Kenneth H. Zucker, Michael S. Hino, Stuart D. Lurie, and Pepper Hamilton LLP, were on brief, for appellee.

Before SELYA, LYNCH, and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

In the early 1980s, Cummings Properties bought several roofs manufactured by HPG International. The roofs were installed on commercial buildings in Woburn and Burlington, Massachusetts. The roofs were composed of unreinforced polyvinyl chloride membranes and were sold with ten year warranties. After the warranty period, Cummings learned that such PVC roofs were subject to catastrophic failure and, in 1997, inquired of HPG. HPG recommended the...

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