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BURNHAM v. HUMPHREY HOSPITALITY REIT TRUST, INC.

No. 04-3062.

403 F.3d 709 (2005)

Mary BURNHAM, Plaintiff-Appellant, v. HUMPHREY HOSPITALITY REIT TRUST, INC., doing business as Humphrey Associates Incorporated, doing business as Super 8 Motel; Humphrey Hospitality Limited Partnership; Humphrey Hospitality Management Inc.; Humphrey Hospitality Trust, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 4, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:*

John Mac Hayes, Oklahoma City, OK, and Susan Saidian, Redmon & Nazar, Wichita, KS, on behalf of Plaintiff-Appellant.

Patrick J. Murphy, Wallace, Saunders, Austin, Brown & Enochs, Chtd., Wichita, KS, on behalf of Defendants-Appellees.

Before TACHA, Chief Circuit Judge, HENRY, and HARTZ, Circuit Judges.

TACHA, Chief Circuit Judge.

Plaintiff-Appellant Mary Burnham was injured in a shower at the Super 8 Motel in Park City, Kansas. Defendants-Appellees Humphrey Hospitality Trust, Inc., et al., moved to dismiss, arguing that the statute of limitations for negligence barred the suit. The District Court granted the Defendants' motion to dismiss. Ms. Burnham timely appeals, claiming that under Kansas law she had commenced this suit prior to the running of the statute of...

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