SAENZ v. KELLER INDUSTRIES OF TEXAS, INC.

No. 90-6041.

951 F.2d 665 (1992)

Armando SAENZ and Sylvia Saenz, Plaintiffs-Appellants, v. KELLER INDUSTRIES OF TEXAS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 28, 1992.


Attorney(s) appearing for the Case

Steve McConnico, Jane Webre, Scott, Douglass & Luton, Austin, Tex., for plaintiffs-appellants.

Montgomery J. English, Hunt, Hermansen, McKibben & Barger, Corpus Christi, Tex., for defendants-appellees.

Carlos Villarreal, Corpus Christi, Tex., for Keller Industries & Channel Home Centers.

Before THORNBERRY, DAVIS, and WIENER, Circuit Judges.


THORNBERRY, Circuit Judge:

The Plaintiffs, Armando Saenz and his wife Sylvia Saenz, appeal the district court's grant of summary judgment against them. The Plaintiffs sued the Defendants in federal court on diversity grounds, asserting causes of action for negligence, products liability, breach of warranty, and deceptive trade practices. Although the Plaintiffs filed their suit within the limitations period, they did not obtain service upon the Defendants until after...

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