McLAUGHLIN, Circuit Judge.
This suit for personal injuries arising out of the collision of two automobiles was dismissed by the district court as barred by the California statute of limitations.
The uncontradicted facts are contained in an affidavit and deposition of appellee. He stated in his deposition that on May 1, 1951 he owned his own home in Morton, Delaware County, Pennsylvania, where he lived with his wife and children.
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