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LIENHART v. DRYVIT SYSTEMS, INC.

No. 00-908.

255 F.3d 138 (2001)

Robert B. LIENHART, et al.; Dinah J. Lienhart; Michael Smith; Joleen Smith; David P. Adams; Pamela M. Adams; Benjamin Braswell; Barbara W. Braswell, Respondents, v. DRYVIT SYSTEMS, INCORPORATED, Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: June 26, 2001.

Attorney(s) appearing for the Case

ARGUED: Hada deVarona Haulsee, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston Salem, North Carolina, for Petitioner. Gary Walker Jackson, Michaels, Jackson & Oettinger, Raleigh, North Carolina, for Respondents.

ON PLEADINGS: W. Andrew Copenhaver, F. Bruce Williams, Charles L. Becker, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston Salem, North Carolina, for Petitioner.

Joel R. Rhine, Wilmington, North Carolina; Daniel K. Bryson, Lewis & Roberts, P.L.L.C., Raleigh, North Carolina, for Respondents.

Before WIDENER, WILKINS, and WILLIAMS, Circuit Judges.

Vacated and remanded with instructions by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WIDENER and Judge WILKINS joined.

OPINION

WILLIAMS, Circuit Judge:

Dryvit Systems, Inc. petitions for review, pursuant to Federal Rule of Civil Procedure 23(f), of the district court's certification of a plaintiff class of homeowners who allege that Dryvit's stucco siding product, "Fastrak System 4000" (Fastrak), was negligently designed...

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