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LUEBBERS v. FORT WAYNE PLASTICS, INC.

Record No. 971039.

498 S.E.2d 911 (1998)

Hope T. LUEBBERS, Administratrix of the Estate of Dennis Gerard Luebbers, Deceased v. FORT WAYNE PLASTICS, INC., d/b/a Fort Wayne Pools, Inc., et al.

Supreme Court of Virginia.

February 27, 1998.

Attorney(s) appearing for the Case

Walter H. Emroch (Jason W. Konvicka; Emroch & Kilduff, on briefs), Richmond, for appellant.

Frank R. Rennie, IV, Richmond (Jon A. Bragalone, Fort Wayne, IN; Cowan & Owen, Richmond; Beckman, Lawson, Sandler, Snyder & Federoff, Fort Wayne, IN, on brief), for appellees Fort Wayne Plastics, Inc., d/b/a Fort Wayne Pools, Inc., and Fort Wayne Pools, Inc.

Douglas M. Atkins, Richmond (Hill & Rainey, Petersburg, on brief), for appellees Bea L. Fitzke, d/b/a Crystal Pools of Petersburg; Richard F. Fitzke, d/b/a Crystal Pools of Petersburg; Bea L. Fitzke, d/b/a Fitzke & Sons; and Richard W. Fitzke, d/b/a Fitzke & Sons.

Present: All the Justices.

KOONTZ, Justice.

The issue we consider in this appeal is whether certain items used in the construction of a swimming pool are ordinary building materials rather than "equipment" within the meaning of Code § 8.01-250, a statute of repose.

The essential facts are not in dispute. Fort Wayne Plastics, Inc., doing business as Fort Wayne Pools, Inc. (Fort Wayne), was a manufacturer of various structural component materials for in-ground swimming pools. These...

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