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LOLI OF VERMONT, INC. v. STEFANDL

File No. 2:94-cv-5.

968 F.Supp. 158 (1997)

LOLI OF VERMONT, INC., plaintiff, v. Roland E. STEFANDL, defendant. and Roland E. STEFANDL, third-party plaintiff, v. ST. ALBANS ELECTRIC APPLIANCE COMPANY, INC., d/b/a Total Home Center, third-party defendant.

United States District Court, D. Vermont.

June 2, 1997.

Attorney(s) appearing for the Case

Christopher Denis Roy, Carol L. Shea, Asst. U.S. Atty., Downs, Rachlin & Martin, P.C., Burlington, VT, for Loli of Vermont, Inc.

Ellen J. Abbott, David L. Cleary Associates, P.C., Rutland, VT, for Roland E. Stefandl.

Joseph F. Cahill, Jr., Brown, Cahill, Gawne & Miller, St. Albans, VT, for Total Home Center.

OPINION AND ORDER

SESSIONS, District Judge.

Plaintiff, Loli of Vermont, Inc. ("Loli"), sued its landlord, Roland E. Stefandl, for damages arising out of the flooding of its business, located on the first floor of Stefandl's building. Jurisdiction is based on diversity. Loli asserted five claims against Stefandl: (1) negligent maintenance of the premises; (2) negligent design and construction of a diversion device; (3) breach of an agreement to lease...

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