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IN RE HARDIEPLANK FIBER CEMENT SIDING LITIGATION

Case No. 12-md-2359, Civil File No. 14-285 (MJD).

IN RE: HARDIEPLANK FIBER CEMENT SIDING LITIGATION THIS DOCUMENT RELATES TO STEVEN SCHINDLER, Plaintiff, v. JAMES HARDIE BUILDING PRODUCTS, INC., Defendant.

United States District Court, D. Minnesota.

June 30, 2014.

Attorney(s) appearing for the Case

Lawrence Deutsch , Shannon J. Carson , Robin Switzenbaum , and Jacob M. Polakoff , Berger & Montague PC, Counsel for Plaintiff Steven Schindler.

Christopher M. Murphy , Steven P. Handler , Aron J. Frakes , and Jeffrey Baltruzak , McDermott Will & Emery LLP, and Heidi A. O. Fisher and David C. Klink , Oppenheimer Wolff & Donnelly LLP, Counsel for Defendant James Hardie Building Products Inc.

MEMORANDUM OF LAW & ORDER

MICHAEL J. DAVIS, Chief District Judge.

I. INTRODUCTION

This matter is before the Court on Defendant's Motion to Dismiss Claims of Steven Schindler. [Docket No. 11] The Court heard oral argument on May 23, 2014.

II. BACKGROUND

A. Factual Background

Defendant James Hardie Building Products Inc. manufactures a fiber-cement exterior siding. (Compl. ¶ 1.) In its advertising, Defendant stated...

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