Brown v. M.W. Kellogg Co.

POLITZ, Circuit Judge:

These three Texas diversity cases, consolidated for purposes of decision and opinion, present the identical legal issue — the applicability of Tex.Rev.Stat.Ann. art. 5536a — in the same procedural setting. In each ease, plaintiffs appeal the grant of an adverse summary judgment dismissing their claims as time barred by art. 5536a, the Texas architectural/engineer statute of ultimate repose. Finding summary judgment appropriate and perceiving no error, we affirm the decisions of the district court.

Facts

The first of the cases (our docket 84-2073) was filed by Virginia H.…