BEARD PLUMBING & HEATING v. THOMPSON PLASTICS

No. 95-3198.

152 F.3d 313 (1998)

BEARD PLUMBING AND HEATING, INCORPORATED, Plaintiff-Appellant, v. THOMPSON PLASTICS, INCORPORATED; NIBCO, Incorporated, Defendants-Appellees, and Thomas Somerville Company, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1998.


Attorney(s) appearing for the Case

ARGUED: Steven Mark Garver, Law Offices of Steven M. Garver, P.C., Reston, Virginia, for Appellant. Alexander Francuzenko, Saunders & Schmieler, Silver Spring, Maryland, for Appellee Thompson Plastics; Alan Douglas Titus, Carr, Goodson, Lee & Warner, P.C., Washington, DC, for Appellee NIBCO. ON BRIEF: Cheryl G. Rice, Law Offices of Steven M. Garver, P.C., Reston, Virginia, for Appellant. Jeffrey R. Schmieler, Saunders & Schmieler, Silver Spring, Maryland, for Appellee Thompson Plastics; Samuel J. Smith, Jr., Brian H. Rhatigan, Carr, Goodson, Lee & WARNER, P.C., Washington, DC, for Appellee NIBCO.

Before RUSSELL and ERVIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


Affirmed by published opinion. Judge ERVIN wrote the opinion, in which Senior Judge PHILLIPS joined.

OPINION

ERVIN, Circuit Judge:

In this diversity action, Beard Plumbing and Heating, Inc., (Beard), appeals from a grant of summary judgment to Thompson Plastics, Incorporated (Thompson), and NIBCO, Incorporated (NIBCO) on Beard's claims of negligence and breach of warranty. For the reasons which follow, we affirm the decision of the district court...

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