DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
991424P.pdf 08/22/2000 Marvin Lumber v. PPG Industries
U.S. Court of Appeals Case No: 99-1424
District of Minnesota
Civil case - Uniform Commercial Code. District court erred in
dismissing Marvin's breach of contract claims as there was a jury issue
as to whether PPG expressly warranted the future performance of its
wood preservatives; other claims related to breach of contract, warranties
and fraudulent misrepresentation were time-barred; Marvin was a dealer
with respect to the transactions here and the economic loss doctrine
operates to limit Marvin's tort claims; negligence and strict liability
claims were properly dismissed; Minnesota consumer protection
statutes do not apply to a merchant such as Marvin; dissent by Judge Lay.