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Chicago Avenue Partners, Ltd. v. Broan-Nutone, LLC: TORTS - 541.051 statute of repose barred claims regarding fans required by building code; ordinary building material

1Unlike Integrity Floorcovering, Inc., Chicago Avenue Partners, Ltd. contended
the bathroom fan at issue was not hard-wired into the building structure, but utilized
a plug. This difference does not alter the conclusions reached here. Whether
considered fully hard-wired or not, the fan required installation significantly beyond
plugging the unit into an outlet. The fan required ventilation directly to the outside
air, not into walls or ceiling space. The fan was to be fastened by nails into a stud or
joist, with a duct run to a hole in the roof or wall. Assembly required the services of
someone “. . . familiar with methods of installing electrical wiring . . . [or] a qualified
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 07-1784
___________
Chicago Avenue Partners, Ltd., *
*
Appellant, **
Appeal from the United States
v. * District Court for the
* District of Minnesota.
Broan-Nutone, LLC, *
*
Appellee. *
___________
Submitted: December 14, 2007
Filed: April 7, 2008
___________
Before RILEY, COLLOTON, and BENTON, Circuit Judges.
___________
RILEY, Circuit Judge.
The facts of this case are virtually identical to those outlined in Integrity
Floorcovering, Inc. v. Broan-Nutone, LLC, No. 07-1824.1 We incorporate by
electrician.” The fan had to be connected to the building’s power supply by bringing
the power cable to the fan, and also utilizing a ground wire and grounding clip.
-2-
reference our opinion in No. 07-1824 and, for the reasons outlined there, affirm the
judgment of the district court.
______________________________
  

 
 
 

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