F. James Sensenbrenner, Jr., Cheryl Warren Sensenbrenner,plaintiffs- Appellants, v. Rust, Orling & Neale, Architects, Inc., Defendant-appellee.f. James Sensenbrenner, Jr., Cheryl Warren Sensenbrenner,plaintiffs- Appellants, v. Kdi Sylvan Pools, Inc., Defendant-appellee, 870 F.2d 655 (4th Cir. 1989)

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U.S. Court of Appeals for the Fourth Circuit - 870 F.2d 655 (4th Cir. 1989) Argued Nov. 3, 1987. Decided March 8, 1989

Michael Joseph Gartlan (Cohen, Hottell & Gartlan, P.C. on brief) for appellants.

Michael McGettigan (Murphy, McGettigan & West, P.C. on brief) for appellees.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and FRANK A. KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

PER CURIAM:


Finding a question of Virginia law controlling, we certified the question to the Supreme Court of Virginia. That Court, on November 18, 1988, opined that the losses by the plaintiffs were purely economic losses and, therefore, not recoverable from a party with whom the plaintiffs were not in privity. We, therefore, conclude that, as to the opinion pending with us, the judgment should be

AFFIRMED.

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