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HECKER v. WAL-MART STORES, INC.

No. 94-20067 Summary Calendar.

33 F.3d 531 (1994)

Nancy E. HECKER and John Hecker, Plaintiffs-Appellants, v. WAL-MART STORES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 4, 1994.

Attorney(s) appearing for the Case

W. Jay Dedrick, III, Houston, TX, for appellants.

Alan N. Magenheim, Amy R. Shugart, Hirsch, Glover, Robinson & Sheiness, P.C., Houston, TX, for appellee.

Before DUHE, WIENER and STEWART, Circuit Judges.

PER CURIAM:

Nancy Hecker challenges the district court's dismissal of her suit as time-barred. We reverse and remand.

BACKGROUND

Hecker filed suit in Texas state court complaining that on July 8, 1991, Wal-Mart's negligence caused her to slip and fall in the Wal-Mart store and suffer personal injuries. Hecker mailed her complaint to the state court clerk's office on or about July 1, 1993. On July 7, the clerk's office informed her that the check...

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