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KELLY v. FLEETWOOD ENTERPRISES, INC.

No. 03-35050.

369 F.3d 1102 (2004)

Robert E. Kelly; Virginia L. Kelly, Plaintiffs-Appellants, v. Fleetwood Enterprises, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2004.

Attorney(s) appearing for the Case

Danny H. Gerlt, Portland, Oregon, for the plaintiffs-appellants.

Thomas W. Sondag, Vicki L. Smith, Lane Powell Spears Lubersky LLP, Portland, Oregon, for the defendant-appellee.

Before: Alfred T. Goodwin, M. Margaret McKeown, and Raymond C. Fisher, Circuit Judges.

Argued and Submitted March 1, 2004 — Portland, Oregon.

Opinion by Judge McKeown.

OPINION

McKEOWN, Circuit Judge:

We consider here whether personal injury and punitive damages are cognizable under the Magnuson-Moss Warranty Act (the "Act"), 15 U.S.C. § 2301 et seq. This consumer dispute stems from Robert and Virginia Kelly's purchase of a leaky motor home manufactured by Fleetwood Motor Homes of California ("Fleetwood Motor...

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