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GARCIA v. INTERNATIONAL ELEVATOR CO., INC.

No. 03-3050.

358 F.3d 777 (2004)

Samuel GARCIA, Sr.; Maria Garcia, Plaintiffs-Appellants, v. INTERNATIONAL ELEVATOR COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 18, 2004.

Attorney(s) appearing for the Case

Kevin P. Parker, (W. Mark Lanier and Eugene R. Egdorf with him on the briefs), The Lanier Law Firm, P.C., Houston, TX, for the plaintiffs-appellants.

Kevin M. McMaster, McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, KS, for the defendant-appellee.

Before HENRY, BRISCOE and McCONNELL, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiffs Samuel Garcia, Sr., and Maria Garcia appeal the district court's dismissal of their personal injury diversity action on statute of limitations grounds. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand for further proceedings.

I.

On July 19, 1999, Samuel Garcia, Sr. was severely injured during the course of his employment with a company in Freeport, Texas, "when a man lift in which...

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