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VOGEL v. AMERICAN WARRANTY HOME SERVICE CORP.

No. 81-4413.

695 F.2d 877 (1983)

Daniel J. VOGEL and Desmia G. Vogel, Plaintiffs-Appellants, v. AMERICAN WARRANTY HOME SERVICE CORPORATION and/or Its Successors, Pioneer Warranty Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 17, 1983.

Attorney(s) appearing for the Case

Paul S. Minor, Paul T. Benton, Biloxi, Miss., for plaintiffs-appellants.

Earl L. Denham, Ocean Springs, Miss., for defendants-appellees.

Before CLARK, Chief Judge, and RUBIN and WILLIAMS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Daniel J. Vogel (Vogel) and his wife, Desmia G. Vogel (Ms. Vogel), bought a home in Biloxi, Mississippi, for $49,895.70 from Dr. Vincent and Ms. Dwight Jan Rath Kiley. Because he was a retired military officer, unfamiliar with home construction and repairs, Vogel desired a warranty against defects, and as part of the negotiated transaction, the sellers delivered to the buyers a document entitled Home Buyer's Protection Plan, issued by...

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