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LTL ACRES LTD. PARTNERSHIP v. BUTLER MFG.

No. 468, 2015.

136 A.3d 682 (2016)

LTL ACRES LIMITED PARTNERSHIP, Plaintiff Below-Appellant, v. BUTLER MANUFACTURING COMPANY, a Delaware corporation, and Dryvit Systems, Inc., a Rhode Island corporation, Defendants Below-Appellee.

Supreme Court of Delaware.

Decided: April 11, 2016.

Reargument Denied April 29, 2016.

Attorney(s) appearing for the Case

Bernard G. Conaway, Esquire , Cohen Seglias Pallas Greenhall & Furman, PC, Wilmington, Delaware, for Appellant.

Paul Cottrell, Esquire , Tighe & Cottrell, P.A., Wilmington, Delaware, Ryan C. Phillips, Esquire (Argued), Wright Fulford Moorhead & Brown, P.A., Altamonte Springs, Florida, for Appellee Butler Manufacturing Company.

Somers S. Price, Jr., Esquire (Argued), Jesse L. Noa, Esquire , Potter Anderson & Corroon LLP, Wilmington, Delaware, for Appellee Dryvit Systems, Inc.

Before VALIHURA, VAUGHN, and SEITZ, Justices.

I. INTRODUCTION

This litigation arises from the construction of a Johnny Janosik furniture store (the "Janosik Building") in Laurel, Delaware. The Plaintiff-Below/Appellant LTL Acres Limited Partnership ("LTL") is the owner of the Janosik Building. Defendant-Below/Appellee Butler Manufacturing Company ("Butler") provided...

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