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S.C. DEPT. OF DISABILITIES v. HOOVER UNIVERSAL

Nos. 07-1190, 07-1202.

535 F.3d 300 (2008)

SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; South Carolina State Budget And Control Board And Control Board-Insurance Reserve Fund, Plaintiffs-Appellees, v. HOOVER UNIVERSAL, INCORPORATED, Defendant-Appellant. South Carolina Department of Mental Health; South Carolina State Budget and Control Board and Control Board-Insurance Reserve Fund, Plaintiffs-Appellees, v. Hoover Universal, Incorporated, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 30, 2008.

Attorney(s) appearing for the Case

ARGUED: Richard K. Wray, Reed Smith, LLP, Chicago, Illinois, for Appellant. Andrew Frederick Lindemann, Davidson, Morrison & Lindemann, PA, Columbia, South Carolina, for Appellees. ON BRIEF: Casey L. Westover, Reed Smith, LLP, Chicago, Illinois; William Toal, George C. Johnson, Johnson, Toal & Battiste, PA, Columbia, South Carolina, for Appellant.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge DUNCAN and Senior Judge HILTON joined.

OPINION

NIEMEYER, Circuit Judge:

The South Carolina Department of Mental Health, the South Carolina Department of Disabilities and Special Needs, and the South Carolina State Budget and Control Board-Insurance Reserve Fund commenced these product liability actions against Hoover Universal, Inc., invoking diversity jurisdiction and alleging damages resulting from Hoover's sale to the plaintiffs of defective trusses and sheathing, which were incorporated into...

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