GIBRALTAR CAS. CO. v. WALTERS

No. 98-1182.

185 F.3d 1103 (1999)

GIBRALTAR CASUALTY COMPANY, a Delaware corporation; Lexington Insurance Company, a Delaware corporation, as subrogees to Central Pharmaceutical, Inc., Plaintiffs-Appellants, v. Vernon WALTERS, M.D.; Albert Mehl, M.D.; John P. Moyer, M.D., all individually and doing business as Evergreen Pediatrics, Evergreen-Conifer Pediatrics, and Evergreen-Conifer Clinic; Evergreen Pediatrics, LLC, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 3, 1999.


Attorney(s) appearing for the Case

Stephen D. Cuyler (Ronald D. Puhala on brief), Cuyler Burk, Parsippany, New Jersey, for Plaintiffs-Appellants.

Collie E. Norman (Marci L. Laddusaw on brief), Johnson, Ruddy, McConaty & Sargent, Glendale, Colorado, for Defendants-Appellees.

Before EBEL, MAGILL, and LUCERO, Circuit Judges.


MAGILL, Circuit Judge.

In this diversity case, the district court dismissed the Appellants' complaint which set forth a cause of action for contribution, finding that the Colorado statute of limitations had expired before the suit was filed. We conclude that the complaint was timely filed and, thus, reverse and remand for further proceedings.

I.

In April 1984 Cari Coddington, a minor, suffered severe permanent injuries from a toxic reaction to prescription...

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