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DANNIX PAINTING, LLC v. SHERWIN-WILLIAMS CO.

No. 13-1025.

732 F.3d 902 (2013)

DANNIX PAINTING, LLC, Plaintiff-Appellant v. SHERWIN-WILLIAMS COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 21, 2013.

Attorney(s) appearing for the Case

Jill R. Rembusch , argued and on the brief, Saint Louis, MO, for Plaintiff-Appellant.

Robert H. Eddy , argued, Cleveland, OH ( Michael Joseph Pike , on the brief, Cleveland, OH), for Defendant-Appellee.

Before RILEY, Chief Judge, BRIGHT and BYE, Circuit Judges.

RILEY, Chief Judge.

In this diversity case, see 28 U.S.C. § 1332(a), Dannix Painting, LLC (Dannix), a Mississippi limited liability company whose sole member is a Missouri resident, appeals the dismissal of its Missouri tort action against the Sherwin-Williams Company (SWC), an Ohio corporation. Dannix alleged SWC negligently misrepresented a certain paint product SWC sold was appropriate for a particular painting project. Dannix argues the district court...

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