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ROBINSON v. VOLKSWAGENWERK AG

No. 93-5168.

56 F.3d 1268 (1995)

Harry ROBINSON and Kay Robinson; Eva May McCarthy; and George Samuel Robinson, Plaintiffs-Appellants, v. VOLKSWAGENWERK AG and Herzfeld & Rubin, P.C., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 30, 1995.

Attorney(s) appearing for the Case

Winton D. Woods, Tucson, AZ (Ronald D. Mercaldo and Lucile D. Sherman of the Law Offices of Ronald D. Mercaldo, Ltd., Tucson, AZ, Thomas Elke, Palo Alto, CA, and Maynard I. Ungerman, Ungerman & Iola, Tulsa, OK, with him on the briefs), for plaintiffs-appellants.

Richard M. Eldridge, Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, OK (John H. Tucker, of the same firm, and Herbert Rubin and Daniel V. Gsovski, Herzfeld & Rubin, P.C., New York City, with him on the brief), for defendants-appellees.

Before EBEL and KELLY, Circuit Judges, and BROWN, District Judge.

WESLEY E. BROWN, Senior District Judge.

Plaintiffs brought claims of common law fraud against Herzfeld & Rubin, P.C. ("H & R") and Volkswagenwerk Aktiengesellschaft ("Volkswagen AG"), as well as claims for negligence, products liability and breach of warranty against Volkswagen AG. The district court held that all of the claims were time-barred and, in addition, found that the claims for negligence, products liability...

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