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PARACELSUS HEALTHCARE v. PHILIPS MEDICAL

No. 03-2939.

384 F.3d 492 (2004)

PARACELSUS HEALTHCARE CORP., Plaintiff — Appellant, v. PHILIPS MEDICAL SYSTEMS, NEDERLAND, B.V., Defendant — Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 3, 2004.

Attorney(s) appearing for the Case

Chad Michael Neuens, argued, Denver, CO (Steven L. Marquart, Moorhead, MN on the brief), for appellant.

Larry L. Boschee, argued, Bismarck, ND, for appellee.

Before WOLLMAN, HANSEN and BYE, Circuit Judges.

BYE, Circuit Judge.

Paracelsus Medical Corp. appeals the district court's1 grant of summary judgment finding Paracelsus's breach of warranty claim barred by expiration of the statute of limitations. We affirm.

I

This is a breach of warranty claim involving a Philips Integris H5000-C Cardiac Imaging Device. Philips Medical manufactured the device which was marketed and sold to Diagnostic Medical Systems, Inc. (DMS), by...

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