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LEIPART v. GUARDIAN INDUSTRIES, INC.

No. 98-56637.

234 F.3d 1063 (2000)

Thomas LEIPART, an individual; Cindy Leipart, an individual, Plaintiffs-Appellants, v. GUARDIAN INDUSTRIES, INC., a California corporation, aka Guardian Glass; Douglass Allred, a California corporation, form unknown; Does 1 through 100, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 12, 2000.

Attorney(s) appearing for the Case

Jeffrey P. Nolan, Santa Monica, California, for the appellants.

Daniel J. Stephenson, Ann Arbor, Michigan, for the appellees.

Before: CANBY, NOONAN, and W. FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

Plaintiffs Thomas and Cindy Leipart appeal the dismissal of their state common-law tort claims against defendant Guardian Industries ("Guardian"). The district court held that their claims were preempted by the Consumer Product Safety Act ("CPSA"). See 15 U.S.C. §§ 2051-2084. We hold that plaintiffs' claims are not pre-empted, and accordingly reverse and remand for further proceedings.

I

Plaintiffs...

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