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HAYNES TRANE SERVICE v. AMERICAN STANDARD

Nos. 07-1440, 07-1441, 08-1100, 08-1102.

573 F.3d 947 (2009)

HAYNES TRANE SERVICE AGENCY, INC., Plaintiff, and Frederick M. Haynes, Plaintiff-Appellant, v. AMERICAN STANDARD, INC., d/b/a The Trane Company, Defendant-Appellee, Haynes Trane Service Agency, Inc., Plaintiff-Appellant, Frederick M. Haynes, Plaintiff, v. American Standard, Inc., d/b/a The Trane Company, Defendant-Appellee, Frederick M. Haynes, Plaintiff-Appellant, Haynes Trane Service Agency, Inc., Plaintiff, v. American Standard, Inc., d/b/a The Trane Company, Defendant-Appellee, Haynes Trane Service Agency, Inc., Plaintiff-Appellant, Frederick M. Haynes, Plaintiff, v. American Standard, Inc., d/b/a The Trane Company, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 6, 2009.

Attorney(s) appearing for the Case

Marcy G. Glenn, Holland & Hart LLP, Denver, CO, (Christopher A. Crisman, Holland & Hart LLP; J. Lawrence Hamil and Charles B. Hecht, Hamil/Hecht LLP, Denver, CO, with her on the briefs) for Plaintiffs-Appellants.

Daniel M. Reilly (Larry S. Pozner, Sean Connelly, Kent C. Modesitt, and Clare Pennington, with him on the brief), of Reilly Pozner & Connelly LLP, Denver, CO, for Defendant-Appellee.

Before HARTZ, TYMKOVICH and HOLMES, Circuit Judges.

ORDER

These matters are before us on the Petition for Rehearing En Banc of Appellants Haynes Trane Service Agency, Inc. and Frederick M. Haynes. We also have a response from American Standard, Inc.

Upon the panel's consideration of both pleadings, the petition for rehearing is GRANTED for the limited purpose of revising and adding a paragraph in the Economic-Loss Rule section of our Opinion, on pages 29 to 34. The Opinion filed on April 7, 2009, is vacated...

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