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KLEINSCHMIDT v. UNIVERSAL SEAFOOD COMPANY

Civ. A. No. 29419.

201 F.Supp. 96 (1961)

Margaret KLEINSCHMIDT, Administratrix Ad Prosequendum and General Administratrix in the Matter of the Estate of Dale Kleinschmidt, Deceased, et al., Plaintiffs, v. UNIVERSAL SEAFOOD COMPANY, Inc., a corporation of the State of Pennsylvania, Daniel Diorio and Noel Lo Castro jointly, severally and in the alternative, Defendants.

United States District Court E. D. Pennsylvania.

December 29, 1961.

Attorney(s) appearing for the Case

M. Stuart Goldin, Philadelphia, Pa., Stephen M. Gretzkowski, Jr., Camden, N. J., for plaintiff.

Herman Steerman, Steerman & Steerman, Philadelphia, Pa., for Universal Seafood Co. and Daniel Diorio.

Harry Kozart, Philadelphia, Pa., for Noel Lo Castro.

LUONGO, District Judge.

Before us are defendants' motions1 to dismiss portions of plaintiff's complaint for failure to state a cause of action and as barred by the Statute of Limitations.

On March 23, 1961, various members of the Kleinschmidt family filed a complaint in twenty-eight counts against defendants for injuries and, in one case, death resulting from allegedly poisoned fish prepared and sold by defendants. The motions...

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