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SHERMAN v. AIR REDUCTION SALES COMPANY

No. 13242.

251 F.2d 543 (1958)

Clarence P. SHERMAN, Appellant, v. AIR REDUCTION SALES COMPANY, Division of Air Reduction Company Incorporated, Appellee.

United States Court of Appeals Sixth Circuit.

January 21, 1958.

Attorney(s) appearing for the Case

John G. Rust, Toledo, Ohio, for appellant.

Arnold F. Bunge, Toledo, Ohio, Marshall, Melhorn, Bloch & Belt, Toledo, Ohio, on brief, for appellee.

Before MARTIN, McALLISTER and STEWART, Circuit Judges.

STEWART, Circuit Judge.

This appeal challenges an order of dismissal in an action for personal injuries. The question presented is whether the district court was correct in determining that the appellant's claim was barred by the passage of time under Ohio law. At issue is the proper construction of the Ohio statute which permits a second action to be brought within one year after a prior action has failed otherwise than...

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