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QUEEN v. TA OPERATING, LLC

Nos. 11-8090, 11-8098.

734 F.3d 1081 (2013)

Richard QUEEN, Susan Queen, husband and wife, Plaintiffs-Appellants-Cross/Appellees, v. TA OPERATING, LLC, a Delaware limited liability company, Defendant-Appellee-Cross/Appellant.

United States Court of Appeals, Tenth Circuit.

August 20, 2013.

Attorney(s) appearing for the Case

Keith J. Dodson , Williams, Porter, Day, & Neville, P.C. (Stephenson D. Emery, Esq., with him on the brief), Casper, WY, for Plaintiffs-Appellants-Cross/Appellees.

Gary R. Scott of Hirst Applegate, LLP ( Melissa R. Skorcz , with him on the brief), Cheyenne, WY, for Defendant-Appellee-Cross/Appellant.

Before TYMKOVICH, EBEL, and O'BRIEN, Circuit Judges.

EBEL, Circuit Judge.

INTRODUCTION

Plaintiffs Richard and Susan Queen ("Queens") sued Defendant TA Operating, LLC ("TA") in federal district court in Wyoming ("District Court Action"). They brought various claims against TA based on an injury Mr. Queen sustained when he slipped and fell in a parking lot operated by TA. During the course of the District Court Action, the Queens filed for Chapter 7 bankruptcy in California ("Bankruptcy Action"), but did not...

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