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WINCHESTER HOMES, INC. v. OSMOSE WOOD PRESERVING, INC.

No. 93-1712.

37 F.3d 1053 (1994)

WINCHESTER HOMES, INCORPORATED, Plaintiff-Appellant, v. OSMOSE WOOD PRESERVING, INCORPORATED; Applied Research Group, Incorporated; Chesapeake Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 19, 1994.

Attorney(s) appearing for the Case

ARGUED: Michael Joseph McManus, Jackson & Campbell, P.C., Washington, DC, for appellant. Jack E. McClard, Hunton & Williams, Richmond, VA, for appellees. ON BRIEF: Benjamin V. Madison, III, Hunton & Williams, Read K. McCaffrey, Patton, Boggs & Blow, Baltimore, MD; Benjamin G. Chew, Patton, Boggs & Blow, Norfolk, VA, for appellees.

Before RUSSELL and WIDENER, Circuit Judges, and KEELEY, United States District Judge for the Northern District of West Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge DONALD RUSSELL and Judge KEELEY joined.

OPINION

WIDENER, Circuit Judge:

Winchester Homes, Inc. (Winchester) appeals the district court's dismissal of its suit against Osmose Wood Preserving Company, Inc. (Osmose), Applied Research Group, Inc. (ARGI), and Chesapeake Corporation (Chesapeake) (cumulatively, the defendants). The district court dismissed the case...

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