Alfred MORENO and Emma Moreno, Plaintiffs-Appellants,
v.
STERLING DRUG, INC., Defendant-Appellee.
Camilla SLOAN and James Sloan, Plaintiffs-Appellants,
v.
STERLING DRUG, INC., Defendant-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
April 30, 1990.
April 30, 1990.
Attorney(s) appearing for the Case
Leslie Stephen Mendelsohn, James M. Heidelberg, San Antonio, Tex., for plaintiffs-appellants.
Wayne Fisher, Houston, Tex., for amicus Texas Trial Lawyers Assoc.
Mark M. Donheiser, P. Michael Jung, Dallas, Tex., for defendant-appellee.
Michael T. Gallagher, David W. Holman, Houston, Tex., for amicus Assoc. of Trial Lawyers of America.
Javier P. Guajardo, Asst. Atty. Gen., Austin, Tex., for amicus State of Tex.
Before POLITZ, JOHNSON, and HIGGINBOTHAM, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
ON CERTIFICATION TO THE TEXAS SUPREME COURT
PER CURIAM:
On July 22, 1988 we certified two questions to the Texas Supreme Court:
1. Does the "discovery rule" apply to the Texas Statute of Limitations, TEX. CIV.PRAC. & REM.CODE § 16.003(b), in an action brought pursuant to the Texas Wrongful Death and Survival Statutes, TEX.CIV.PRAC. & REM.CODE § 71.001 et seq. and § 71.021, respectively?2. If the discovery...
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