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CAMEO CURTAINS, INC. v. PHILIP CAREY CORP.;

11 Mass. App. Ct. 423 (1981)

416 N.E.2d 995

CAMEO CURTAINS, INC. vs. PHILIP CAREY CORPORATION & another; UNIVERSAL ROOFING AND SHEET METAL CO., INC., third-party defendant.

Appeals Court of Massachusetts, Bristol.

February 24, 1981.

Attorney(s) appearing for the Case

Alan S. Novick for the plaintiff.

James J. D'Ambrose for Philip Carey Corporation & another.

Present: HALE, C.J., ROSE, & KASS, JJ.

KASS, J.

Philip Carey Corporation (Carey) was the manufacturer of roofing materials which Universal Roofing and Sheet Metal Co., Inc. (Universal), installed in 1968 on a building belonging to the plaintiff Cameo Curtains, Inc. (Cameo). The roof failed. Cameo brought an action against Carey, which, in turn, brought Universal in as a third-party defendant.

The action against Carey was based on alternative theories of negligence and breach of warranty. A jury...

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