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HAJJIRI v. FIRST MINNESOTA SAV. BANK F.S.B.

No. 93-2886.

25 F.3d 677 (1994)

Bassam HAJJIRI; Roxanne L. Hajjiri, Appellants, v. FIRST MINNESOTA SAVINGS BANK, F.S.B.; Norwest Corporation, a Delaware corporation; Norwest Savings Bank, F.S.B.; Norwest Holding Company; Norwest National Bank; Norwest Bank Minnesota, N.A., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 31, 1994.

Attorney(s) appearing for the Case

Mary C. Ivory, St. Paul, MN, argued (Michael K. Hoverson, Richard Nadler, and Thomas Lyon, on the brief), for appellant.

Charles F. Webber, Minneapolis, MN, argued (Steven Severson, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, LIVELY, Senior Circuit Judge, and FAGG, Circuit Judge.

FAGG, Circuit Judge.

The district court dismissed Bassam and Roxanne L. Hajjiri's diversity lawsuit because the Hajjiris failed to commence their action before the applicable six-year Minnesota statute of limitations expired. See Minn.Stat. § 541.05 (1992). The Hajjiris appeal and we affirm.

The parties agree the statute of limitations expired on January 8, 1993, but dispute whether the Hajjiris' service by mail commenced their action before that...

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