SEBASTIAN v. D & S EXP., INC.

No. CIV.A. 98-3581(WHW).

61 F.Supp.2d 386 (1999)

Alan SEBASTIAN, and Virginia Sebastian as shareholders of D & S Express, Inc., and Cargo Xpress, Inc. suing on behalf of themselves and derivatively for the benefit of D & S Express, Inc., and Cargo Xpress, Inc., Plaintiffs, v. D & S EXPRESS, INC. and Cargo Xpress., Inc., Nominal Defendants, and Andrew Devery, Jr.; Eileen Devery; Debra Buck; Gary Buck; James Elliott; Lois Elliott; Wayne Elliott; and First Union National Bank, Defendants.

United States District Court, D. New Jersey.

August 25, 1999.


Attorney(s) appearing for the Case

Paul G. Nittoly, Shanley & Fisher, P.C., Morristown, NJ, for plaintiffs Alan Sebastian, and Virginia Sebastian as shareholders of D & S Express, Inc., and Cargo Xpress, Inc. suing on behalf of themselves and derivatively for the benefit of D & S Express, Inc., and Cargo Xpress, Inc.

Gerald Liloia, Riker, Danzig, Scherer, Hyland & Perretti LLP, Morristown NJ, for defendant First Union National Bank.


WALLS, District Judge.

Defendant First Union National Bank brings this motion for judgment on the pleadings. The motion for judgment on the pleadings is granted. The Court dismisses the plaintiffs' claims under common law negligence and conversion as a matter of law and limits the claims brought under 13 Pa.C.S.A. § 3404(d) through application of the statute of limitations found in 13 Pa.C.S.A. § 3118(g) of the Pennsylvania enactment of the Uniform Commercial...

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