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McMILLION v. DRYVIT SYSTEMS, INC.

Record No. 002802.

552 S.E.2d 364 (2001)

262 Va. 463

Charles McMILLION, et al., v. DRYVIT SYSTEMS, INC.

Supreme Court of Virginia.

September 14, 2001.

Attorney(s) appearing for the Case

Robert K. Richardson (Odin, Feldman & Pittleman, on briefs), Fairfax, for appellants.

(Eric W. Schwartz; George H. Bowles; Troutman Sanders Mays & Valentine, on brief), Norfolk, for appellee.

Present: All the Justices.

OPINION BY JUSTICE CYNTHIA D. KINSER.

This appeal involves claims of false advertising and fraud arising out of an allegedly defective product known as "Exterior Insulation Finish System" (EIFS). Because we conclude that the limitation period in Code § 8.01-248 applies to a cause of action for false advertising, we will affirm the circuit court's judgment sustaining a plea of the statute of limitations. We will also affirm the court's judgment sustaining a demurrer...

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