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STATE FARM MUT. AUTO. INS. CO. v. BOELLSTORFF

No. 07-1241.

540 F.3d 1223 (2008)

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Defendant-Appellant, v. Leslie BOELLSTORFF, Plaintiff-Appellee.

United States Court of Appeals, Tenth Circuit.

September 12, 2008.

Attorney(s) appearing for the Case

Marie E. Williams (Michael S. McCarthy with her on the briefs), Faegre & Benson LLP, Denver, CO, for Defendant-Appellant.

Walter H. Sargent (Robert B. Carey & Julie B. Cliff, The Carey Law Firm, Colorado Springs, CO, with him on the briefs), Colorado Springs, CO, for Plaintiff-Appellee.

Before TACHA, EBEL, and McCONNELL, Circuit Judges.

EBEL, Circuit Judge.

This interlocutory appeal asks us to determine whether the class action tolling doctrine, originally announced by the Supreme Court in American Pipe & Construction Co. v. Utah, 414 U.S. 538, 94 S.Ct. 756, 38 L.Ed.2d 713 (1974), applies when an individual member of a putative class pursues an independent, individual claim before the district court has decided the class certification issue but after a non...

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