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BAYSIDE HOLDINGS, LTD. v. VIRACON, INC.

No. 12-2263.

709 F.3d 1225 (2013)

BAYSIDE HOLDINGS, LTD.; Bayside House, Ltd.; Bayside Pictet, Ltd., Plaintiffs-Appellants v. VIRACON, INC.; EFCO Corporation, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 13, 2013.

Attorney(s) appearing for the Case

Jesse Ross Orman , argued, Minneapolis, MN, Marvin T. Fabyanske , Jesse Ross Orman , Minneapolis, MN, Joseph McManus, Jr. , David J. Butzer , Washington, DC, on the brief, for Appellants.

Patrick Michael Biren , argued, Jessie E. Rosenthal , on the brief, Minneapolis, MN, for appellee EFCO Corporation.

Richard George Morgan , argued, Charles Joseph Schoenwetter , Michael R. Carey , on the brief, Minneapolis, MN, for appellee Viracon, Inc.

Before LOKEN, BRIGHT, and COLLOTON, Circuit Judges.

BRIGHT, Circuit Judge.

Bayside installed hurricane-resistant windows manufactured by Viracon and supplied by EFCO in a commercial development on the Island of New Providence, Bahamas. Shortly after installation of the windows, cracking and delamination (separation into layers) occurred in some of the windows. Nine years after it noticed the defects, Bayside filed suit against Viracon and EFCO, seeking monetary damages. The district court1

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