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NATALE v. UPJOHN COMPANY

No. 15198.

356 F.2d 590 (1966)

Anthony NATALE and Julia Natale, his wife, Appellants, v. The UPJOHN COMPANY and Lakeside Laboratories, Inc.

United States Court of Appeals Third Circuit.

Submitted September 4, 1965.

Decided February 15, 1966.

Attorney(s) appearing for the Case

Joseph F. Mulcahy, Jr., James P. McHugh, Chester, Pa., Henry A. Wise, Jr., Wilmington, Del., for appellants.

Edmund N. Carpenter, II, Richards, Layton & Finger, Wilmington, Del., for appellee, The Upjohn Co.

F. Alton Tybout, Herbert L. Cobin, Wilmington, Del., for Lakeside Laboratories, Inc.

Before KALODNER, Chief Judge, and HASTIE and SMITH, Circuit Judges.

KALODNER, Chief Judge.

This appeal is from the District Court's dismissal of the plaintiffs' diversity action on the ground that it was barred by the Delaware Statute of Limitations which provides that actions for personal injuries, whether in contract or tort, must be brought within two years.1

The action was brought in the District Court of Delaware April 29, 1964 — four years...

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