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BROWN v. M.W. KELLOGG CO.

Nos. 84-2072 to 84-2074 Summary Calendar.

743 F.2d 265 (1984)

James W. BROWN, et ux, (Betty Brown, Wife), Plaintiff-Appellant, v. The M.W. KELLOGG COMPANY, Defendant-Appellee. Virginia H. LEON, Plaintiff-Appellant, v. UNIVERSAL OIL PRODUCTS COMPANY, Defendant-Appellee. Evelyn F. SIMON, et al., Plaintiffs-Appellants, v. UNIVERSAL OIL PRODUCTS COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 4, 1984.

Attorney(s) appearing for the Case

Provost, Umphrey, McPherson & Swearingen, Joseph R. Steele, Walter Umphrey, Greg Thompson, Port Arthur, Tex., for plaintiffs-appellants.

Mehaffy, Weber, Keith & Gonsoulin, Thomas H. Walston, Bob Black, Beaumont, Tex., for M.W. Kellogg Co.

Baker & Botts, Lee L. Kaplan, Houston, Tex., for Universal Oil Products Co.

Before REAVLEY, POLITZ and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

These three Texas diversity cases, consolidated for purposes of decision and opinion, present the identical legal issue — the applicability of Tex.Rev.Stat.Ann. art. 5536a — in the same procedural setting. In each case, plaintiffs appeal the grant of an adverse summary judgment dismissing their claims as time barred by art. 5536a, the Texas architectural/engineer statute of ultimate repose. Finding summary judgment appropriate...

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