SCHOOLEY v. ORKIN EXTERMINATION, CO., INC.

Nos. 06-3326, 06-3486.

502 F.3d 759 (2007)

Wayne SCHOOLEY; Laurie Schooley, Plaintiffs-Appellants, v. ORKIN EXTERMINATION, CO., INC., a wholly-owned subsidiary of Rollins, Inc.; Rollins, Inc., a foreign corporation, Defendants-Appellees. Wayne Schooley; Laurie Schooley, Plaintiffs-Appellees, v. Orkin Extermination, Co., Inc., a wholly-owned subsidiary of Rollins, Inc.; Rollins, Inc., a foreign corporation, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 19, 2007.

Rehearing and Rehearing En Banc Denied October 26, 2007.


Attorney(s) appearing for the Case

Marc A. Humphrey, argued, Urbandale, IA, Justin K. Swain, and Kurt Swain, on the brief, Bloomfield, IA, for appellants.

Joseph W. Winner, argued, Columbus OH, Heather L. Palmer, on the brief, Des Moines, IA, for appellees.

Before BYE and SMITH, Circuit Judges, and NANGLE, District Judge.


BYE, Circuit Judge.

Wayne and Laurie Schooley (Schooleys) hired Orkin Exterminating Co., Inc., (Orkin) to protect their home against termites. After the home sustained extensive termite damage, the Schooleys sued Orkin claiming fraudulent and negligent misrepresentation. The Schooleys sought compensatory damages for repair costs, loss of use, and reduction in value, and punitive damages. A jury found in favor of the Schooleys on the fraud and negligent misrepresentation...

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