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DAVIS v. DOW CHEMICAL CORP.

No. 86-2476.

819 F.2d 231 (1987)

Ruth DAVIS, individually and as Special Administrator for the Estate of James R. Davis, Plaintiff-Appellant, v. DOW CHEMICAL CORP., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 5, 1987.

Attorney(s) appearing for the Case

Mary E. Alexander, San Francisco, Cal., and Frank Lesselyong, Phoenix, Ariz., for plaintiff-appellant.

Merton E. Marks, Phoenix, Ariz., for defendant-appellee.

Before HUG, NELSON and NOONAN, Circuit Judges.

NELSON, Circuit Judge:

Plaintiffs appeal from the district court's grant of a motion for judgment on the pleadings. The court held that the two-year statute of limitations in Ariz.Rev.Stat. § 12-542(2) barred the plaintiffs' wrongful death action. We reverse and remand.

I. BACKGROUND

The plaintiffs' decedent, James R. Davis, died from cancer of the kidney on October 9, 1976. The plaintiffs, Davis' wife and two daughters, asserted that the cancer...

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