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BENNETT v. CMH HOMES, INC.

Nos. 13-5423, 13-5560.

770 F.3d 511 (2014)

Dan BENNETT; Karen Bennett, Plaintiffs-Appellants/Cross-Appellees, v. CMH HOMES, INC., Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 30, 2014.

Attorney(s) appearing for the Case

ARGUED: Kirk L. Clements , Haynes, Freeman & Bracey, PLC, Goodlettsville, Tennessee, for Appellants/Cross-Appellees. William S. Rutchow , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Nashville, Tennessee for Appellee/Cross-Appellant. ON BRIEF: Kirk L. Clements , Haynes, Freeman & Bracey, PLC, Goodlettsville, Tennessee, for Appellants/Cross-Appellees. William S. Rutchow , Jennifer S. Rusie , Ogletree, Dealdns, Nash, Smoak & Stewart, P.C., Nashville, Tennessee for Appellee/Cross-Appellant.

MERRITT, J., delivered the opinion of the court, in which BOGGS, J., joined. STRANCH, J. (pp. 516-21), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

This case asks whether the Magnuson-Moss Warranty Act extends federal protection to warranties guaranteeing the proper installation of plaintiffs' "manufactured home." The Act limits its protections to "consumer products," so the core issue is whether the plaintiffs' "manufactured home" is a "consumer product."1 As a necessary element of the plaintiffs' only federal claim in an action between non...

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