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DIGIOIA v. H. KOCH & SONS

No. 90-5832.

944 F.2d 809 (1991)

Joanna DIGIOIA, Vincent Digioia, Plaintiffs-Appellants, v. H. KOCH & SONS, DIVISION OF WICKES MANUFACTURING COMPANY, A Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 9, 1991.

Attorney(s) appearing for the Case

Loren H. Cohen, Stephen L. Malove, Malove Kaufman & Marbin, P.A., Miami, Fla., for plaintiffs-appellants.

Jeffrey B. Shapiro and Judy Dale Shapiro, Herzfeld and Rubin, Miami, Fla., for defendant-appellee.

Before FAY, Circuit Judge, and CLARK and HENDERSON, Senior Circuit Judges.

PER CURIAM:

The plaintiffs-appellants, Joanna and Vincent Digioia appeal the grant of a summary judgment by the United States District Court for the Southern District of Florida in favor of the defendant-appellee, H. Koch & Sons (Koch), in a products liability suit. The district court concluded that the cause of action arose in California and, applying Florida's "borrowing statute," held that California's one-year statute...

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