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HARTFORD ACCIDENT & INDEM. CO. v. HEFTLER CONSTRUCTION CO.

No. 14155.

325 F.2d 107 (1963)

HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut Corporation, Plaintiff-Appellant, v. HEFTLER CONSTRUCTION COMPANY, a California corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

November 26, 1963.

Attorney(s) appearing for the Case

Edward D. Lapperre, Chicago, Ill., for appellant.

Elliott M. Lyon, Bernard Katz, Abbey Blattberg, Chicago, Ill., for defendant-appellee.

Before SCHNACKENBERG, CASTLE and KILEY, Circuit Judges.

CASTLE, Circuit Judge.

Plaintiff-appellant, hereinafter described as Hartford, as assignee of Paul D. Johnson, filed its complaint against defendant-appellee, hereinafter described as Heftler, on December 27, 1960. The suit was for recovery of sums claimed to be due in the amount of $12,139.70 from Heftler.

Heftler filed a motion to dismiss on the grounds that the filing of the suit was not timely. It asserted that the right to file the action was barred on...

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