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THACH v. TIGER CORP.

No. 09-2940.

609 F.3d 955 (2010)

Oanh THACH, individually and as Special Administrator of the Estate of Deceased Pearl Wang; Kim Thach, as Special Administrator of the Estate of Deceased Jimmy Hua; Kim Thach, as Special Administrator of the Estate of Deceased Michelle Huynh, Plaintiffs-Appellants, v. TIGER CORPORATION, Defendant-Appellee, Tiger America Corporation, which will do business in California as Tiger U.S.A. Corporation, doing business as Tiger U.S.A. Corporation; Japan Tiger Corporation of U.S.A., Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: June 23, 2010.

Rehearing and Rehearing En Banc Denied July 29, 2010.

Attorney(s) appearing for the Case

William Fuller, argued and on the brief (Hilary L. Williamson and William C. Garry, on the brief), Sioux Falls, SD, for appellants.

Brian N. Johnson, argued and on the brief, Minneapolis, MN (Sheila T. Kerwin, Minneapolis, MN, James E. McMahon and Rochelle R. Cundy, Sioux Falls, SD, on the brief), for appellee.

Before RILEY, Chief Judge, JOHN R. GIBSON, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Oanh and Kim Thach brought this negligence, products liability, and breach of warranty action against Tiger Corporation, the Japanese manufacturer of a rice cooker which allegedly caused a fire at their home. The district court1 granted Tiger judgment on the pleadings, finding that the Thachs had failed to serve it within South Dakota's three year statute of limitations...

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