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SELBY v. GOODMAN MANUFACTURING COMPANY LP

Case No. 2:13-CV-2162-RDP.

SUE K. SELBY, Plaintiff, v. GOODMAN MANUFACTURING COMPANY LP, et al., Defendants.

United States District Court, N.D. Alabama, Southern Division.

June 17, 2014.

Attorney(s) appearing for the Case

Sue K Selby, Plaintiff, represented by Eric D Hoaglund , MCCALLUM HOAGLUND COOK & IRBY LLP & K Edward Sexton, II , GENTLE TURNER SEXTON DEBROSSE & HARBISON.

Goodman Manufacturing Company LP, Defendant, represented by Christopher M McLaughlin , JONES DAY, Eugene D Martenson , HUIE FERNAMBUCQ & STEWART LLP, Richard J Bedell, Jr , JONES DAY & Theodore M Grossman , JONES DAY.

Goodman Global Inc, Defendant, represented by Eugene D Martenson , HUIE FERNAMBUCQ & STEWART LLP, Christopher M McLaughlin , JONES DAY, Richard J Bedell, Jr , JONES DAY & Theodore M Grossman , JONES DAY.

MEMORANDUM OPINION

R. DAVID PROCTOR, District Judge.

This matter is before the court on Defendants' Motion to Dismiss Plaintiff's First Amended Complaint ("FAC"). (Doc. # 19). The Motion has been fully briefed. (Docs. # 20, 24, and 27). For the reasons discussed below, the court concludes the motion is due to be granted in part and denied in part.

I. Background

Plaintiff purchased a newly constructed home on March...

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