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MERLIN v. FUSELIER CONST., INC.

No. 00-CA-1862.

789 So.2d 710 (2001)

Mickie S. Merlin, Wife of/and Mark Louis MERLIN, M.D., v. FUSELIER CONSTRUCTION, INC., and Antonia Montelaro Arrington Wife of/and David M. Arrington, M.D.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied August 6, 2001.

Attorney(s) appearing for the Case

Jacqueline G. Griffith, John Pecarrere, Griffith, Battard & Johnson, New Orleans, LA, Attorney for Defendants/Appellants (Antonia Montelaro Arrington wife of/and David M. Arrington, M.D.)

Jack E. Morris, Metairie, LA, Attorney for Plaintiffs/Appellees (Mickie S. Merlin, wife of/and Mark Louis Merlin, M.D.)

Irwin, Fritchie, Urquhart & Moore LLC, New Orleans, LA, Attorneys for Third Party Defendants/Appellees (Rochelle Sackette and Real Estate Partners, Inc.)

Panel composed of Judges SOL GOTHARD, SUSAN M. CHEHARDY and WALTER J. ROTHSCHILD.

GOTHARD, Judge.

Plaintiffs, Dr. and Mrs. Merlin, filed this suit for breach of warranty and in redhibition after they purchased a three year old house which they alleged had a defective roof. They further alleged that the sellers knew or should have known of the defect prior to sale, and therefore were in bad faith. Named as defendants in the suit were Fuselier Construction Company ("Fuselier"), builder of the house, and Dr. and Mrs. Arrington, the sellers. Both Fuselier...

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