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MADAY v. TOLL BROS. INC.

No. Civ.A. 99-1120-A.

72 F.Supp.2d 599 (1999)

James I. MADAY, Plaintiff, v. TOLL BROTHERS INC., et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

October 18, 1999.

Attorney(s) appearing for the Case

William H. Bode, Bode & Beckman, L.L.P., Washington, DC, for Plaintiff.

Michael Joseph McManus, Drinker, Biddle & Reath, L.L.P., Washington, DC, for Defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

Plaintiff, who, with his wife, purchased a house from defendants, asserts a Lanham Act claim and several state law claims against defendants, based on defendants' alleged misrepresentations regarding the nature of building materials used in the construction of the house. Defendants' motion to dismiss presents two threshold jurisdictional issues: (i) whether plaintiff, as a consumer, may seek relief for false advertising...

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