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DeGETTE v. MINE CO. RESTAURANT, INC.

No. 83-1093.

751 F.2d 1143 (1985)

Richard L. DeGETTE, Plaintiff-Appellant, v. The MINE COMPANY RESTAURANT, INC., a Texas Corporation, Trammell Crow, Individually and d/b/a Trammell Crow Company, Gary Shafer, Harlan R. Crow, Chandler, formerly known as Robert C. Chandler, Crow Handy Andy Houston Venture, a Texas Partnership, Thomas A. Lamb and, The Park Restaurant, Inc., a Texas Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 13, 1985.

Attorney(s) appearing for the Case

Peter R. Bornstein, Denver, Colo. (I.H. Kaiser, P.C. and Berenbaum & Berenbaum, Denver, Colo., with him on the briefs) for plaintiff-appellant.

G. Duffield Smith, Jr., Gardere & Wynne, Dallas, Tex. (Douglas M. Tisdale, Denver, Colo. with him on the brief) for defendants-appellees.

Before HOLLOWAY, Chief Judge, BREITENSTEIN and SEYMOUR, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this diversity case, appellant-plaintiff sued the appellees-defendants for the unlawful use of architectural plans and designs in the construction of a Houston, Texas restaurant. The trial court dismissed the case on the ground the applicable statute of limitations had expired before the filing of the action. We reverse.

The plaintiff, DeGette, is a Colorado architect who prepared the plans and specifications for a restaurant...

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