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CADLES OF GRASSY MEADOWS II, L.L.C. v. GOLDNER

No. 07-10711.

542 F.3d 437 (2008)

CADLES OF GRASSY MEADOWS II, L.L.C., by Assignment from Olney Savings Association, Plaintiff-Appellant, The State of Texas, Intervenor Plaintiff-Appellant, v. David GOLDNER; Robert Goldner, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 8, 2008.

Attorney(s) appearing for the Case

Beverly Ann Whitley (argued), Bell, Nunnally & Martin, Dallas, TX, for Plaintiff-Appellant.

Greg C. Noschese, Holly Michele Church, Munsch, Hardt, Kopf & Harr, LaDawn H. Conway (argued), Alexander, Dubose, Jones & Townsend, LLP, Dallas, TX, for Defendants-Appellees.

Before DAVIS, SMITH and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Cadles of Grassy Meadows II, L.L.C. ("Cadles"), sued David and Robert Goldner to recover on a debt. The court dismissed the suit as time-barred, holding that a Texas provision tolling the statute of limitations against out-of-state defendants violates the Commerce Clause of the United States Constitution. We affirm the dismissal.

I.

The Goldners were partners in Equivest Properties, a Texas general partnership. In 1985...

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