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KOZIKOWSKI v. TOLL BROS., INC.

No. 03-1460.

354 F.3d 16 (2003)

Stanley J. KOZIKOWSKI and Eunice K. Kozikowski, Plaintiffs, Appellants, v. TOLL BROS., INC., a/k/a Toll Brothers, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 31, 2003.

Attorney(s) appearing for the Case

Robert K. Harrington was on brief for appellants.

Lisa M. Asiaf, with whom Paul V. Kelly and Kelly, Libby & Hoopes, P.C., were on brief for appellee.

Before LYNCH, Circuit Judge, LIPEZ, Circuit Judge, and STAHL, Senior Circuit Judge.

STAHL, Senior Circuit Judge.

Plaintiffs-appellants Stanley and Eunice Kozikowski appeal from the district court's order granting defendant-appellee Toll Brothers, Inc.'s ("Toll Bros.") motion to dismiss, converted by the court into a motion for summary judgment. The Kozikowskis challenge (1) the district court's finding that the statute of limitations began to run on their claims in 1993; (2) the court's finding that the Kozikowskis failed to establish equitable estoppel...

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