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MARVIN LUMBER AND CEDAR CO. v. PPG INDUSTRIES

Nos. 02-2833, 02-2869.

401 F.3d 901 (2005)

MARVIN LUMBER AND CEDAR COMPANY; Marvin Windows of Tennessee, Inc., Plaintiffs — Appellees, v. PPG INDUSTRIES, INC., Defendant — Appellant. American Chemistry Council, Amicus on Behalf of Appellant. Marvin Lumber and Cedar Company; Marvin Windows of Tennessee, Inc., Plaintiffs — Appellants, v. PPG Industries, Inc., Defendant — Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 23, 2005.

Attorney(s) appearing for the Case

Dan K. Webb, argued, Chicago, IL, for appellant/cross-appellee.

Thomas H. Boyd, argued, St. Paul, MN, for appellee/cross-appellant.

Before BYE, BOWMAN, and BEAM, Circuit Judges.

BOWMAN, Circuit Judge.

PPG Industries, Inc., appeals from the judgment entered in favor of Marvin Lumber and Cedar Company and Marvin Windows of Tennessee, Inc. (collectively, Marvin), on Marvin's claim for breach of express warranty of future performance. Marvin cross appeals. We affirm in part and reverse in part.

I.

This case is before us for the second time. See Marvin Lumber & Cedar Co. v. PPG Indus., Inc., 223 F.3d...

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