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WALLACE v. SHERWIN WILLIAMS CO., INC.

No. 88-2027-O.

720 F.Supp. 158 (1988)

Elwin WALLACE, Plaintiff, v. SHERWIN WILLIAMS COMPANY, INC.; Simpson Cleaning Systems, Inc.; and Giant Corporation, Defendants.

United States District Court, D. Kansas.

November 8, 1988.

Attorney(s) appearing for the Case

Lloyd Burke Bronston, Dan L. Smith, Bronston & Smith, Overland Park, Kan., for plaintiff.

David W. Hauber, Kenneth E. Holm, Boddington & Brown, Chartered, Kansas City, Kan., Donald R. Whitney, Barry W. McCormick, Payne & Jones, Overland Park, Kan., for defendants.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, District Judge.

This matter is before the court on defendant Giant Corporation's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). In support of its motion, defendant states that the two-year statute of limitations of K.S.A. 60-513(a)(4) ran as of June 19, 1988. Plaintiff's amended complaint, in which plaintiff named Giant Corporation as a defendant, was filed on June 23, 1988. Therefore, defendant...

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