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HUNT v. BROCE CONST., INC.

No. 79-2299.

674 F.2d 834 (1982)

Dewey A. HUNT, Sr., Individually and as personal representative of Altha H. Hunt, Deceased, Plaintiff-Appellant, v. BROCE CONSTRUCTION, INC., a domestic corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 9, 1982.

Attorney(s) appearing for the Case

Clifton D. Naifeh of Berry & Berry, Oklahoma City, Okl., for plaintiff-appellant.

Curtis L. Smith of Baker, Baker & Wilson, Oklahoma City, Okl., for defendant-appellee.

Before BARRETT and LOGAN, Circuit Judges, and KERR, District Judge.

LOGAN, Circuit Judge.

Dewey A. Hunt, Sr. appeals the trial court's dismissal, as barred by Oklahoma's statute of limitations, of his diversity action brought to recover for personal injuries Hunt and his deceased wife suffered because of a highway construction company's alleged negligence. Because of a confusion of names, Hunt allowed more than two years to elapse between the date of the accident and the dates he amended his complaint to correctly name the defendant...

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