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REDMAN HOMES, INC. v. IVY

No. 95-0652.

920 S.W.2d 664 (1996)

REDMAN HOMES, INC., Petitioner, v. Jimmy D. IVY and Ida Earline Ivy, Respondents.

Supreme Court of Texas.

Rehearing Overruled May 31, 1996.

Attorney(s) appearing for the Case

Cecil Kuhne, Joe H. Nagy, Lubbock, for petitioner.

Abner Burnett, Odessa, Clifford J. Hardwick, Midland, for respondents.

GONZALEZ, Justice, delivered the opinion for a unanimous Court.

We consider whether the National Manufactured Home Construction and Safety Standards Act (NMHCSSA), 42 U.S.C. §§ 5401-5426, preempts the state-law claims in this case brought under warranty theories and the Deceptive Trade Practices-Consumer Protection Act (DTPA), TEX.BUS. & COM. CODE §§ 17.41-17.63. The court of appeals concluded that the claims are not preempted.

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