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GARVIE v. DUO-FAST CORP.

No. 82-1563.

711 F.2d 47 (1983)

Carol A. GARVIE, Plaintiff-Appellant, and United States Fire Insurance Co., Intervenor-Appellant, v. DUO-FAST CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 23, 1983.

Attorney(s) appearing for the Case

Jenks Garrett, Arlington, Tex., for Garvie.

Grady W. Harris, James Stephen Kennedy, Arlington, Tex., for U.S. Fire Ins. Co.

E. Glen Johnson, Janice A. Schattman, Fort Worth, Tex., for defendant-appellee.

Before RUBIN and JOLLY, Circuit Judges, and PUTNAM, District Judge.

PER CURIAM:

We again address the question when a cause of action for breach of warranty under the Texas Uniform Commercial Code (UCC)1 accrues. Because the case is controlled by our decision in Clark v. DeLaval Separator Corp., 639 F.2d 1320 (5th Cir.1981), we affirm the judgment of the district court.

In February 1978, a staple from a staple gun manufactured by Duo-Fast struck Carol Garvie...

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