SQUISH LA FISH v. THOMCO SPECIALITY PRODUCTS

No. 97-8595.

149 F.3d 1288 (1998)

SQUISH LA FISH, INC., a Florida corporation, Plaintiff-Appellant, v. THOMCO SPECIALTY PRODUCTS, INC., A Georgia corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 11, 1998.


Attorney(s) appearing for the Case

Paul Vancil, Douglas R. Powell, Atlanta, GA, for Plaintiff-Appellant.

Mark T. Dietrichs, Craig A. Langley, Michael C. Kendall, Atlanta, GA, for Defendant-Appellee.

Before ANDERSON and BIRCH, Circuit Judges, and COHILL, Senior District Judge.


COHILL, Senior District Judge:

Appellant Squish La Fish, Inc. ("Squish") appeals from a grant of summary judgment on all claims in favor of the Defendant/Appellee, Thomco Specialty Products, Inc. ("Thomco"). The district court held that under Georgia law Squish La Fish could not recover under the negligent misrepresentation exception to the economic loss rule, because it had not relied on the alleged misrepresentation. We do not agree, and will reverse and remand...

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