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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Noble Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme.
THE SUPREME COURT OF NEW HAMPSHIRE
Hillsborough-northern judicial district
Nos. 2002-300
2003-376
JOHN J. KELLEHER, JR.
v.
MARVIN LUMBER AND CEDAR COMPANY
Argued: September 14, 2005
Opinion Issued: December 15, 2005
Sulloway & Hollis, P.L.L.C. , of Concord (John R. Harrington on the brief and orally), for the plaintiff.
Orr & Reno, P.A., of Concord (Emily Gray Rice on the brief and orally), for the defendant.
GALWAY, J. In these consolidated appeals, the defendant, Marvin Lumber and Cedar Company (Marvin), appeals:
(1) the partial jury verdict from the Superior Court (Brennan, J.) in the first trial that awarded the plaintiff, John J. Kelleher, Jr., $53,676.00 in damages on his strict liability claim; (2) the jury verdict in the retrial that awarded the plaintiff $57,247.04 on his breach of express warranty and breach of the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (Magnuson-Moss Act) claims; and (3) the award of attorney

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