PLATT ELEC. SUPPLY, INC. v. EOFF ELEC., INC.

No. 05-15672.

522 F.3d 1049 (2008)

PLATT ELECTRICAL SUPPLY, INC., an Oregon corporation, Plaintiff-Appellant, v. EOFF ELECTRICAL, INC., Plaintiff, and Underwriters Laboratories, Inc., a Delaware not-for-profit corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted February 14, 2008.

Filed April 15, 2008.


Attorney(s) appearing for the Case

James O. Devereaux (argued), and Jan A. Kopczynski, Berding & Weil LLP, Alamo, CA, for Appellant Platt Electrical Supply, Inc.

Michael J. Abernathy (argued), and Christopher I. Cedillo, Bell, Boyd & Lloyd LLC, Chicago, IL, for Appellee Underwriters Laboratories, Inc.

Before: RONALD M. GOULD and JOHNNIE B. RAWLINSON, Circuit Judges, and ALFRED V. COVELLO, Senior Judge.


RAWLINSON, Circuit Judge:

In its complaint, Appellant Platt Electrical Supply, Inc. (Platt) alleged that Appellee Underwriters Laboratories, Inc. (UL), a non-profit consumer safety group, negligently misrepresented and fraudulently concealed that defective in-wall heaters were safe. Platt challenges the district court's grant of UL's motion to dismiss and motion for judgment on the pleadings. Platt contends that the district court erred in dismissing its negligent...

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