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MASURE v. DONNELLY

Nos. 91-1954, 91-2000.

962 F.2d 128 (1992)

Ronald MASURE, et al., Plaintiffs, Appellees, v. John B. DONNELLY, Defendant, Appellant. Ronald MASURE, et al., Plaintiffs, Appellants, v. John B. DONNELLY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 24, 1992.

Attorney(s) appearing for the Case

Bernard J. Kubetz, Bangor, Me., with whom Thad B. Zmistowski and Eaton, Peabody, Bradford & Veague were on brief, for defendant, appellant.

Jed Davis, Augusta, Me., with whom Jim Mitchell and Jed Davis, P.A., were on brief, for plaintiffs, appellees.

Before TORRUELLA, Circuit Judge, CAMPBELL and WEIS, Senior Circuit Judges.

LEVIN H. CAMPBELL, Senior Circuit Judge.

In this diversity action under Maine law, plaintiffs sued the builder who sold them a house. Plaintiffs sought to recover under three theories: 1) negligent construction of the house, 2) breach of implied warranties of habitability and workmanlike construction, and 3) unfair and deceptive acts in violation of Maine's Unfair Trade Practices Act ("UTPA"), Me.Rev.Stat.Ann. tit. 5, § 207, et seq. The district court granted...

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