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ANTHONY POOLS v. SHEEHAN

[No. 12, September Term, 1982.]

295 Md. 285 (1983)

455 A.2d 434

ANTHONY POOLS, A DIVISION OF ANTHONY INDUSTRIES, INC. v. JOHN B. SHEEHAN ET UX.

Court of Appeals of Maryland.

Decided January 25, 1983.

Attorney(s) appearing for the Case

John J. O'Neill, Jr., with whom were Ford & O'Neill on the brief, for appellant.

Walter J. Murphy, Jr., with whom were Welch, Murphy & Welch on the brief, for appellees.

Amicus curiae brief of The Motor Vehicle Manufacturers Association of the United States, Inc. filed. Edward S. Digges, Jr., Robert Dale Klein, Michael T. Wharton and Piper & Marbury and William H. Crabtree on the brief.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

RODOWSKY, J., delivered the opinion of the Court.

This products liability case presents questions of implied warranty and of defense to strict liability in tort involving an inground, gunite swimming pool and its diving board. Analysis of whether there is any implied warranty and, if so, whether it can be excluded takes us into the problem of hybrid transactions and into Md. Code (1975), § 2-316.1 (1) and (2) of the Commercial Law Article (CL).

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