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REPPERT v. MARVIN LUMBER AND CEDAR CO., INC.

No. 03-2234.

359 F.3d 53 (2004)

Sibley P. REPPERT and Christine Vezetinski, Plaintiffs, Appellants, v. MARVIN LUMBER AND CEDAR CO., INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 27, 2004.

Attorney(s) appearing for the Case

Michael J. Barkoff, for appellants.

Thomas H. Boyd, with whom Charles (C.J.) Schoenwetter, Winthrop & Weinstine, P.A., Posternak Blankstein & Lund, LLP, Joseph P. Crimmins and Jennifer L. Finger, were on brief, for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and LISI, District Judge.

TORRUELLA, Circuit Judge.

This is an appeal from an order and judgment granting defendant-appellee Marvin Lumber and Cedar Co., Inc.'s ("Marvin Lumber") motion to dismiss the appellants' complaint pursuant to Fed. R.Civ.P. 12(b)(6). The complaint alleges damages by reason of defective windows manufactured by Marvin Lumber, a Minnesota corporation, which were purchased by appellants, Massachusetts residents, through a supplier in Massachusetts.

In its motion...

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