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EAKINS v. PELLA CORPORATION

No. 7:05-CV-224-B0(2).

455 F.Supp.2d 450 (2006)

Cecil EAKINS, and wife, Judie Eakins, Plaintiffs, v. PELLA CORPORATION and Pella Carolina, Inc., d/b/a Pella Window & Door Company, Defendants.

United States District Court, E.D. North Carolina, Southern Division.

September 27, 2006.

Attorney(s) appearing for the Case

Gary K. Shipman, Shipman & Associates, LLP, William Grainger Wright, Sr., Shipman & Wright, L.L.P., Wilmington, DE, for Cecil Eakins, Judie Eakins, Plaintiffs.

Mark D. Boynton, Pharr & Boynton, Steve M. Pharr, Pharr & Boynton, PLLC, Winston-Salem, NC, for Pella Corporation, Pella Carolina, Inc. d/b/a Pella Window & Door Company, Defendants.

ORDER

BOYLE, District Judge.

This matter is before the Court on Plaintiffs' Motion for Remand, pursuant to 28 U.S.C. § 1447 and Local Rule 7.1, and on Defendants' Motion to Dismiss, pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure. For the reasons explained below, Plaintiffs' Motion for Remand is DENIED and Defendants' Motion to Dismiss is DENIED without prejudice.

BACKGROUND

Plaintiff class...

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