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MARVIN LUMBER AND CEDAR CO. v. PPG INDUSTRIES

No. 99-1424.

223 F.3d 873 (2000)

MARVIN LUMBER AND CEDAR COMPANY; Marvin Windows of Tennessee, Inc., Plaintiffs-Appellants, v. PPG INDUSTRIES, INC., Defendant Third Party Plaintiff-Appellee, v. Elf Atochem North America, Inc., Third Party Defendant. Minnesota, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2000.

Attorney(s) appearing for the Case

Thomas Henry Boyd, Minneapolis, Minnesota, argued (Robert R. Weinstine, Steven C. Tourek, and Donald J. Brown, on the brief), for appellant.

Michael T. Nilan, Minneapolis, Minnesota, argued (Brian N. Johnson, Jeffrey J. Weill, Elizabeth Johnson Heying, and David H. Wright, on the brief), for appellee.

Before WOLLMAN, Chief Judge, LAY and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Marvin Lumber and Cedar Co. and Marvin Windows of Tennessee, Inc. (collectively "Marvin") filed a multicount suit against PPG Industries, Inc. ("PPG"). The District Court dismissed several counts and granted summary judgment in favor of PPG on the rest. Marvin appeals, and we affirm in part and reverse in part.

I.

The Marvin companies are Minnesota and Tennessee corporations that manufacture and sell custom-made wooden doors...

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