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TOLL BROS., INC. v. DRYVIT SYSTEMS, INC.

No. 05-1077.

432 F.3d 564 (2005)

TOLL BROS., INC., Plaintiff-Appellant, v. DRYVIT SYSTEMS, INCORPORATED; Imperial Stucco, Incorporated; Gill Levesque, d/b/a Imperial Stucco, LLC, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 21, 2005.

Attorney(s) appearing for the Case

ARGUED: Dexter Ryan Hamilton, Cozen O'Connor, Philadelphia, Pennsylvania, for Appellant. Jon Peter Antkowiak, Rocky Hill, Connecticut; Andrew P. Fishkin, Edwards & Angell, L.L.P., Short Hills, New Jersey, for Appellees. ON BRIEF: Kenneth J. Cesta, Edwards & Angell, L.L.P., Short Hills, New Jersey, for Appellee Dryvit Systems, Inc.

Before WILKINS, Chief Judge, and NIEMEYER and KING, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Chief Judge WILKINS wrote the majority opinion, in which Judge KING joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

WILLIAM W. WILKINS, Chief Judge.

Toll Bros., Inc. (Toll) appeals a district court order granting summary judgment against it in this action against Dryvit Systems, Inc., Imperial Stucco, Inc., and Gill Levesque, d/b/a Imperial Stucco, LLC,

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