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SMITH v. PASLODE CORP.

No. 92-3389.

7 F.3d 116 (1993)

Kevin Luke SMITH; Constance Smith, Plaintiffs-Appellants, v. PASLODE CORPORATION; Signode Corporation; Signode Supply Corporation; Illinois Tool Works, Defendants. PASLODE CORPORATION; Illinois Tool Works, Third Party-Plaintiff, v. ST. LUKE'S EPISCOPAL PRESBYTERIAN HOSP., Third Party-Defendant, American Red Cross, Third Party-Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 7, 1993.

Attorney(s) appearing for the Case

Steven L. Groves, St. Louis, MO, argued, for plaintiffs-appellants.

David P. Gersch, Washington, DC, argued, for appellee.

Before FAGG and MAGILL, Circuit Judges, and STUART, District Judge.

FAGG, Circuit Judge.

Kevin Luke Smith and Constance Smith appeal from the district court's order granting the American Red Cross's motion for summary judgment on the ground that the Smiths' negligence claims against the Red Cross are time-barred. Smith v. Paslode Corp., 799 F.Supp. 960, 965-68 (E.D.Mo. 1992). The Smiths appeal. We affirm in part and reverse in part.

Kevin Smith was injured by a nail gun in November...

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