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OECHSNER v. PORTER

No. Civ.A. 99-0544-CB-C.

169 F.Supp.2d 1322 (2001)

George D. OECHSNER, III and Donna M. Cooke Oechsner, Plaintiffs, v. Ware M. PORTER, d/b/a Porter Development Defendant/Third-Party Plaintiff, v. Parex, Inc., and KPJ Distributors, Third-Party Defendant.

United States District Court, S.D. Alabama, Southern Division.

April 5, 2001.

Attorney(s) appearing for the Case

Broox G. Holmes, Sr., Armbrecht Jackson LLP, Mobile, AL, Gary J. Rouse, Ron Riggle, Ronald Lee Riggle, Koch & Rouse, LLC, New Orleans, LA, for Plaintiffs.

Allan R. Chason, Chason & Chason, P.C., Bay Minette, AL, Robert S. W. Given, John F. DeBuys, Jr., John Gibbs Dana, Burr & Forman, L. Graves Stiff, III, Joel S. Dickens, Brian Alan Dodd, Starnes & Atchison, LLP, Birmingham, AL, Chris N. Galanos, Mobile, AL, Allan R. Chason, Chason & Chason, P.C., Bay Minette, AL, C. Robert Gottlieb, Jr., Mobile, AL, for Defendants.

ORDER

BUTLER, Chief Judge.

This matter came before the Court for a non-jury trial on March 19, 2001, and April 3, 2001.

I. BACKGROUND

In July of 1995, Plaintiffs, George Oechsner, et al., ("Oechsner"), bought a newly constructed home from the Defendant Ware M. Porter, ("Porter"), who had built the home as a "spec house." In 1997, the Plaintiffs noticed problems with the house associated with "excessive moisture...

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