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ROCHE v. LINCOLN PROPERTY CO.

No. 03-2064.

373 F.3d 610 (2004)

Christopher ROCHE; Juanita Roche, Plaintiffs-Appellants, v. LINCOLN PROPERTY COMPANY; SWIB Investment Company, Defendants-Appellees, and Invesco Institutional, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: June 30, 2004.

Attorney(s) appearing for the Case

ARGUED: Jerry M. Phillips, Phillips, Beckwith & Hall, Fairfax, Virginia, for Appellants. Connie Nora Bertram, Venable, L.L.P., Washington, D.C., for Lincoln Property Company; Richard Alan Dean, Tucker, Ellis & West, L.L.P., for Swib Investment Company.

Before WIDENER and GREGORY, Circuit Judges, and C. Arlen BEAM, Senior Circuit Judge of the United States Court of

Affirmed in part, reversed in part, and remanded by published opinion. Judge GREGORY wrote the opinion in which Judge WIDENER and Senior Judge BEAM joined.

OPINION

GREGORY, Circuit Judge:

Plaintiffs discovered evidence of toxic mold in their Fairfax County, Virginia apartment. They notified the property management office in Virginia and an inspection was ordered, mold was found, and abatement was required. During the mold remediation process Plaintiffs...

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