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United States Tenth Circuit


GARCIA v. INT'L ELEVATOR CO., 03-3050

Kansas district court erred in applying the Texas saving statute to dismiss an injury claim arising from the collapse of a man lift in Freeport, Texas. After the Texas appellate court dismissed the case for lack of personal jurisdiction, plaintiffs filed this diversity action well within the six-month period allowed by the Kansas saving statute.

Appellate Information

  • Decided 02/18/2004
  • Published 02/18/2004

Judges

  • BRISCOE, Circuit Judge., Before HENRY, BRISCOE and McCONNELL, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Kevin P. Parker, (W. Mark Lanier and Eugene R. Egdorf with him on the briefs), The Lanier Law Firm, P.C., Houston, TX, for the plaintiffs-appellants.

  • For Appellees:
  • Kevin M. McMaster, McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, KS, for the defendant-appellee.
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