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JOHNSON v. ESSO STANDARD OIL COMPANY

Civ. A. 17457.

181 F.Supp. 431 (1960)

Trudie Carolyn JOHNSON, Lillian dePulme Arnold, individually and in her own right, Thomas E. Arnold, and Lillian dePulme Arnold, as Administratrix of the Estate of Cora E. Brosky, Plaintiffs, v. ESSO STANDARD OIL COMPANY, Defendant.

United States District Court W. D. Pennsylvania.

February 25, 1960.

Attorney(s) appearing for the Case

Dale T. Lias, Pittsburgh, Pa., Livengood & Braucher, Somerset, Pa., for plaintiffs.

William Walker, of Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., for defendant.

MARSH, District Judge.

This diversity action was brought by four plaintiffs to recover damages resulting from an automobile accident which plaintiffs allege occurred in Pennsylvania on November 24, 1956. The complaint was marked "Filed" by the Clerk of this Court on November 25, 1958.

Pursuant to Rule 56(b) (c), Fed. R.Civ.P., 28 U.S.C.A., defendant moved for summary judgment and contends that the applicable two-year Pennsylvania Statute of Limitations bars...

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