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COGHLAN v. WELLCRAFT MARINE CORPORATION

No. 99-41443.

240 F.3d 449 (2001)

Frank E. Coghlan, III, on behalf of themselves and all other similarly situated persons; Joanna L. Coghlan, on behalf of themselves and all other similarly situated persons, Plaintiffs-Appellants, v. Wellcraft Marine Corporation; Genmar Industries, Inc.; Genmar Holdings, Inc.; Aquasport Marine Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 26, 2001.

Attorney(s) appearing for the Case

David J. Healey (argued), Goldstein & Healey, Houston, TX, for Plaintiffs-Appellants.

David J. Beck, Linda K. McCloud, Beck, Redden & Secrest, Houston, TX, Jeffrey D. Smith (argued), Varnum, Riddering, Schmidt & Howlett, Kalamazoo, MI, for Defendants-Appellees.

Before JOLLY, JONES, and SMITH, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The Coghlans, dissatisfied boat purchasers, appeal from the district court's sua sponte dismissal of their case for failure to state a claim. Because they have stated several legally cognizable claims upon which relief might be granted, we reverse and remand in part, and affirm in part.

BACKGROUND

In May 1998, the Coghlans, residents of Texas, purchased an Aquasport 205, a type of recreational fishing...

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