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PULTE HOME CORP. v. OSMOSE WOOD PRESERVING, INC.

No. 93-2314.

60 F.3d 734 (1995)

PULTE HOME CORP., Plaintiff-Appellant, v. OSMOSE WOOD PRESERVING, INC., Defendant-Cross-Defendant-Appellee, Georgia Pacific Corp.; Lowe's Companies; Lowe's Investment Co., Defendants-Cross-Claimants-Third Party Plaintiffs.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied August 30, 1995.

Attorney(s) appearing for the Case

Robert W. Boos, Kevin M. Gilhool, Tampa, FL, Stephen Wasinger, E. Powell Miller, E. Norma McKenna, Detroit, MI, for appellant.

Michael K. Houtz, Harris, Barrett, Mann & Dew, Tampa, FL, Read K. McCaffrey, Andrew J. Tolant, Patton, Boggs & Blow, Baltimore, MD, and T. Gregory Slother, Griffin, GA, for appellee.

Barbara Wrubel, Loring I. Fenton, Skadden, Arps, Slate, Meagher & Flom, New York City, and Debra M. Kubicsek, Langford, Hill, Mitchell, Trybus & Whalen, P.A., Tampa, FL, for Georgia Pacific Corp.

David Paul Rhodes, Raymond A. Haas, and David LoNigro, Haas, Austin, Ley, Roe & Patsko, P.A., Tampa, FL, for Lowe's Inv. Co.

Before TJOFLAT, Chief Judge, DYER and RONEY, Senior Circuit Judges.

TJOFLAT, Chief Judge:

Appellant Pulte Home Corporation ("Pulte"), a nationwide homebuilder, challenges the grant of judgment notwithstanding the verdict in favor of appellee Osmose Wood Preserving, Inc. ("Osmose"), a manufacturer of chemicals that were applied to plywood Pulte used in constructing the roofs of 1876 townhouses. After the townhouses were sold, the chemicals caused the plywood to deteriorate; Pulte subsequently replaced the plywood at a cost exceeding...

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