Robert Hines and Ruth C. Hines, His Wife v. Tenneco Chemicals, Inc.

GEE, Circuit Judge:

In 1943 Mrs. Hines, a North Carolina resident, underwent a diagnostic procedure requiring the injection of a radioactive dye into her system. Thirty-six years later she brought an action in the state courts of Texas, asserting that the dye had caused her personal injury. Removal brought her suit to federal district court, 546 F.Supp. 1229 (D.C.Tex.1982), where she suffered summary judgment on the basis of a North Carolina statute of repose. Concluding that the trial court was correct, we affirm its judgment.

The statute in question, North Carolina General Statute § l-15(b),…