United States Fourth Circuit
Toll Bros., Inc. v. Dryvit Sys., Inc., 05-1077
Summary judgment for defendants in an action to recover costs developer plaintiff incurred in removing allegedly defective stucco from homes is reversed where the district court erred in finding that plaintiff's injuries were proximately caused by its misrepresentations to homeowners, and the lack of evidence of property damage was not fatal certain claims.
Appellate Information
- Argued 10/26/2005
- Decided 12/21/2005
- Published 12/21/2005
Judges
- Before WILKINS, Chief Judge, and NIEMEYER and KING, Circuit Judges.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Dexter Ryan Hamilton, Cozen O'Connor, Philadelphia, Pennsylvania, for Appellant. Jon Peter Antkowiak, Rocky Hill, Connecticut; Andrew P. Fishkin, Edwards & Angell, L.L.P., Short Hills, New Jersey, for Appellees. ON BRIEF: Kenneth J. Cesta, Edwards & Angell, L.L.P., Short Hills, New Jersey, for Appellee Dryvit Systems, Inc.