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O'DONNELL v. ARCHIE'S MOTOR EXPRESS

Civ. A. Nos. 23640, 23399.

176 F.Supp. 36 (1959)

George P. O'DONNELL, Administrator of the Estate of Samuel A. Moran, Deceased v. ARCHIE'S MOTOR EXPRESS, Defendant, and Julia Nee, Administratrix of the Estate of Michael Patrick Nee, Deceased, Third-Party Defendant. David J. MORTON, Jr., Administrator of the Estate of David J. Morton, III, Deceased v. ARCHIE'S MOTOR EXPRESS, Defendant, and Julia Nee, Administratrix of the Estate of Michael Patrick Nee, Deceased, Third-Party Defendant.

United States District Court E. D. Pennsylvania.

June 19, 1959.

Attorney(s) appearing for the Case

Bernstein & Bernstein, Philadelphia, for plaintiff.

John J. McDevitt, 3rd, Philadelphia, Pa., for defendant and third-party plaintiff.

Tom P. Monteverde, Philadelphia, Pa., for third-party defendant.

HASTIE, Circuit Judge.

These companion actions are before the court on motions of the defendant to dismiss the third-party defendant's counterclaim as barred by the statute of limitations.

The controversy arises out of a fatal automobile collision in which one driver, Nee, and his passengers, Moran and Morton, were killed. The other vehicle was operated by Archie's Motor Express.

As a result of this accident...

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