ALLEN v. A.H. ROBINS CO., INC.

No. 83-3767.

752 F.2d 1365 (1985)

Jack Ray ALLEN and Sandy Lynn Allen, husband and wife, Plaintiffs-Appellants, v. A.H. ROBINS COMPANY, INC., a Virginia corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 29, 1985.


Attorney(s) appearing for the Case

Terry Lee Johnson, Twin Falls, Idaho, for plaintiffs-appellants.

Richard E. Hall, Moffatt, Thomas, Barrett & Blanton, Boise, Idaho, for defendant-appellee.

Before SCHROEDER, FARRIS, and REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

The district court granted summary judgment for defendant, A.H. Robins Company, Inc., the manufacturer of the Dalkon Shield intrauterine device, in a products liability action involving allegations of negligence, fraud, breach of contract, and breach of warranty. Because we disagree with the district court's conclusion that the Idaho statute of limitations bars this diversity action, we reverse and remand to the district court.

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