James R. STINSON, Carmeline Stinson, H/W v. KAISER GYPSUM COMPANY, INC., Appellant

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This is an appeal by Kaiser Gypsum Company, Inc. (“Kaiser”) from an order denying its motion to dismiss on limitations grounds. James and Carmeline Stinson, the plaintiffs in the district court, filed this suit three years after James Stinson was diagnosed as having pleural thickening resulting from asbestos exposure. The applicable statute of limitations is two years. The Stinsons filed an earlier suit against Kaiser, and 54 other defendants, in the same court, one year after the diagnosis, but the suit was dismissed against Kaiser, pursuant to…