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LEWIS v. BENJAMIN MOORE & CO.

No. 20057.

574 N.W.2d 887 (1998)

1998 SD 14

Merle D. LEWIS and Barb Lewis, Plaintiffs and Appellants, v. BENJAMIN MOORE & COMPANY and Passmore Building Center and Benjamin Moore Paint Distributor, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 18, 1998.

Attorney(s) appearing for the Case

Gerald L. Kaufman, of Churchill, Manolis Freeman, Kludt Kaufman & Shelton, Huron, for plaintiffs and appellants.

Thomas M. Frankman and Sandra K. Hoglund of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and appellees.

PER CURIAM

[¶ 1.]Merle and Barb Lewis appeal the dismissal of a lawsuit against Benjamin Moore & Company. We affirm.

FACTS

[¶ 2.]The Lewises built a new home in Huron, South Dakota and used Benjamin Moore stain to coat and seal the siding. Within a short time, the stain began to crack, chip and peel away from the siding, diminishing the appearance of the new home. Attempts to correct the problem were in vain and responsibility for the...

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