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BUILDING ERECTION SERVICES, INC. v. JLG, INC.

No. 03-2766.

376 F.3d 800 (2004)

BUILDING ERECTION SERVICES, INC., Plaintiff/Appellant, v. JLG, INC., Defendant/Appellee, Terex Corporation, Inc.; Powerscreen International, PLC; Powerscreen Holdings USA, Inc.; Powerscreen USA, Inc., Third Party Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 16, 2004.

Attorney(s) appearing for the Case

Alok Ahuja, argued, Kansas City, MO (Peter F. Daniel and Dale T. Smith, Kansas City, on the brief), for appellant.

George P. Coughlin, argued, Kansas City, MO (Patrick J. Kaine, Kansas City, on the brief), for appellee Powerscreen.

Kurt D. Maahs, argued, Kansas City, MO (James C. Morrow and Matthew J. Hempy, Kansas City, on the brief), for appellee JLG.

Before BYE, LAY, and SMITH, Circuit Judges.

BYE, Circuit Judge.

Building Erection Services, Inc. (BES) brought several claims against JLG Industries, Inc., (JLG) arising out of the failures of two cranes owned by BES and manufactured by JLG. Although the crane failures occurred in Missouri, the district court concluded BES's causes of action "originated" in Kansas under Missouri's borrowing statute, Mo.Rev.Stat. § 516.190, and were barred by a two-year Kansas statute of limitations. BES contends its causes...

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