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EASTBURN v. FORD MOTOR COMPANY

No. 29865.

438 F.2d 125 (1971)

Carmelita EASTBURN, a minor by her mother and next friend, Ida Louise Eastburn and Ida Louise Eastburn, Individually, Plaintiffs-Appellants, v. FORD MOTOR COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 3, 1971.

Attorney(s) appearing for the Case

Joseph L. Thury, Paul Antinori, Jr., Tampa, Fla., for plaintiffs-appellants.

T. Paine Kelly, Jr., Ted R. Manry, III, Tampa, Fla., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and GODBOLD, Circuit Judges.

JOHN. R. BROWN, Chief Judge:

The Florida question in this diversity case is whether the applicable statute of limitations in a products liability case is the three-year statute1 for contract cases or is the four-year period for those cases not otherwise "specifically provided for".2

The District Judge apparently reasoned that Florida concepts of strict liability...

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