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MILLER v. HERMAN

No. 08-3093.

600 F.3d 726 (2010)

John P. MILLER, Plaintiff-Appellant, v. James G. HERMAN, et al., Defendants-Appellees, and Pella Products, Inc., Defendant/Third-Party Plaintiff-Appellee, and Joseph Nobilio Carpenters, Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 25, 2010.

Attorney(s) appearing for the Case

Thomas R. Stilp (argued), Messer & Stilp, Chicago, IL, for Plaintiff-Appellant.

James G. Herman, Individually, Johnsburg, IL, pro se.

Joseph F. Spitzzeri, David M. Macksey (argued) Johnson & Bell, Richard M. Waris, Pretzel & Stouffer, Chicago, IL, for Defendants-Appellees.

Before BAUER, MANION, and TINDER, Circuit Judges.

TINDER, Circuit Judge.

Appellant John P. Miller contracted with appellee James G. Herman for the construction of a new home. Herman installed Pella windows in the home as part of that contract, and, according to Miller, the windows have leaked, causing him personal and property damage. He brought this action against Herman, Herman's construction company, James G. Herman & Associates, and Pella Products, Inc. ("Pella") pursuant to the Magnuson-Moss Warranty—...

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