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BERRY v. CHRYSLER CORPORATION

No. 9977.

150 F.2d 1002 (1945)

BERRY et al. v. CHRYSLER CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

July 23, 1945.

Attorney(s) appearing for the Case

Donald F. Pascoe, of Detroit, Mich. (Bratton & Bratton, of Detroit, Mich., on the brief), for appellants.

Roger W. Rogers, of Detroit, Mich. (Edward P. Wright and Dickinson, Wright, Davis, McKean & Cudlip, all of Detroit, Mich., on the brief), for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

ALLEN, Circuit Judge.

This case presents the question of the application of the statute of limitations of the State of Michigan to an action alleging fraud and deceit in the procurement of a series of contracts. The defense of the statute was raised by motion to dismiss, which was sustained by the District Court. Appellants contend that the dismissal constituted reversible error, both upon the ground that the defense should...

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