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BECHTEL v. ROBINSON

No. 89-3120.

886 F.2d 644 (1989)

Paul BECHTEL; Wanda Elaine Greene, Co-Executors of Estate of Edward G. Greene, Deceased, Appellants, v. Janus R. ROBINSON, d/b/a Kirby & Holloway Family Restaurant James Gray, d/b/a Kirby & Holloway Family Restaurant.

United States Court of Appeals, Third Circuit.

Decided October 3, 1989.

Attorney(s) appearing for the Case

Bayard J. Snyder (argued), Phillips & Snyder, P.A., Wilmington, Del., for appellants.

Craig A. Karsnitz (argued), Young, Conaway, Stargatt and Taylor, Georgetown, Del., for Robinson, Gray, d/b/a Kirby & Holloway Family Restaurant.

Before HIGGINBOTHAM, BECKER and NYGAARD, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal in a diversity action from an order of the district court granting defendant's motion for summary judgment and denying plaintiffs' motion to file a second amended complaint. Because we find that the district court erred in not applying equitable estoppel against the statute of limitations defense, we will reverse the court's grant of summary judgment to the defendant. We will...

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