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MULDOON v. TROPITONE FURNITURE CO.

No. 92-55295.

1 F.3d 964 (1993)

Michael J. MULDOON, Plaintiff-Appellant, v. TROPITONE FURNITURE COMPANY; Marriott Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1993.

Attorney(s) appearing for the Case

Mary A. Lehman, Gray, Cary, Ames & Frye, San Diego, CA, for plaintiff-appellant.

Charles A. Viviano, Daniel A. Martorella, Viviano & Bradley, San Diego, Teresa Dwyer-Beck, Lincoln & Gustafson, San Diego, CA, for defendants-appellees.

Before: BROWNING, FARRIS and PAUL J. KELLY, Jr., Circuit Judges.

FARRIS, Circuit Judge:

Michael J. Muldoon appeals the dismissal of his personal injury action against Tropitone Furniture Company and The Marriott Corporation. The district court dismissed the action as time barred. We vacate and remand.

I.

Muldoon allegedly suffered an injury on September 12, 1989, during a stay at the San Diego Marriott Hotel, when he adjusted a lounge chair manufactured by Tropitone Furniture Company. On October 10, 1990, Muldoon...

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