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NATIONWIDE MUT. v. EAGLE WINDOWS & DOORS

No. 27030.

394 S.C. 54 (2011)

714 S.E.2d 322

NATIONWIDE MUTUAL INSURANCE COMPANY, INC., and Gilliam Construction Company, Inc., Appellants, v. EAGLE WINDOWS & DOORS, INC., American Architectural Products Corporation, Window and Door Concepts, Inc., Charles Goad, Hobbit Plastering, Inc., Phillip L. Bender, Upstate Waterproofing Inc., Dale Coleman and Gary Churchill, Defendants, Of which Eagle Windows & Doors, Inc. is, Respondent.

Supreme Court of South Carolina.

Decided August 22, 2011.

Attorney(s) appearing for the Case

Jason Michael Imhoff , of The Ward Law Firm, of Spartanburg, for Appellants.

Ashley Dantzler Wright , of Warren & Sinkler, of Charleston, for Respondent.

Justice PLEICONES:

This is an appeal from an order dismissing this contribution suit finding it was barred by a prior bankruptcy order. We reverse.

FACTS

In May 2002, respondent's predecessor purchased the assets of Eagle & Taylor Company, d/b/a Eagle Windows & Doors, Inc. (Eagle I), from Eagle I's bankruptcy estate.1 In 2000, homeowners constructed a residence using defective windows manufactured by Eagle...

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