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FOLLETTE v. WAL-MART STORES, INC.

No. 94-1458.

41 F.3d 1234 (1994)

Kent Andrew FOLLETTE, individually and as next friend of Andrew Stephenson Follette, a minor child; Jane Elizabeth Follette, individually and a next friend of Andrew Stephenson Follette, a minor child, Appellants, v. WAL-MART STORES, INC., doing business as Sam's Wholesale Club, a division of Wal-Mart Stores, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 6, 1994.

Attorney(s) appearing for the Case

James A. Rasmussen, Wichita Falls, TX, argued, for appellants (Gary Southard, on the brief).

G. Luke Ashley, Dallas, TX, argued, for appellees (Frank Finn, Joseph Pevsner, Greg Curry, Beverly Burlinggame, and Karen Kendrick, on the brief).

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN and BEAM, Circuit Judges.

RICHARD S. ARNOLD, Chief Judge.

The plaintiffs, Kent and Jane Follette, brought this breach of warranty suit on behalf of their minor son, Andrew. They now appeal the grant of a motion for summary judgment filed by the defendant, Wal-Mart. The District Court held that the Follettes' cause of action was barred by res judicata. Alternatively, that Court held that the suit was barred by the Arkansas statute of limitations. For the reasons set forth below, we reverse...

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