Miller v. Herman

Dist. Ct. did not err in dismissing plaintiff's lawsuit alleging that defendants-contractor and manufacturer of windows breached certain warranties (that made reference to Magnuson-Moss) arising out of installation of windows that leaked in plaintiff's new home that was built by defendant-contractor. Plaintiff failed to state valid cause of action since instant windows were not consumer products as that term is contemplated under Federal Trade Commission Improvement Act because windows were not purchased in connection with improvement or repair of existing home.