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GORDON v. ACROCRETE, INC.

Civ.A. 05-0329WSM.

400 F.Supp.2d 1310 (2005)

Barry E. GORDON, et al., Plaintiffs, v. ACROCRETE, INC., et al., Defendants.

United States District Court, S.D. Alabama, Northern Division.

November 23, 2005.

Attorney(s) appearing for the Case

Mark D. Ryan, Bay Minette, AL, for Plaintiffs.

Dennis Patrick McKenna, J. Ritchie Prince, Prince, McKean, McKenna & Broughton, Lee T. Clanton, Clark, Scott and Sullivan, Mobile, AL, William Dudley Motlow, Jr., Porterfield, Harper & Mills, P.A., Birmingham, AL, for Defendants.

ORDER

STEELE, District Judge.

This matter is before the Court on the Motion to Dismiss or in the Alternative, Motion for Summary Judgment (doc. 15) filed by defendants ARXX Building Products, Inc. and ARXX Building Products U.S.A., Inc. (collectively, the "ARXX Defendants"). The Motion has been briefed and is ripe for resolution.

I. Background.

On April 27, 2005, plaintiffs Barry E. Gordon and Beth N. Gordon (collectively, the...

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