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GEMIGNANI v. PHILADELPHIA PHILLIES NATIONAL LEAGUE BASE. CL.

Civ. A. No. 32001.

287 F.Supp. 465 (1967)

Frank J. GEMIGNANI, Individually and as Administrator of the Estate of Gerald Robert Gemignani, Deceased v. PHILADELPHIA PHILLIES NATIONAL LEAGUE BASEBALL CLUB, INC.

United States District Court E. D. Pennsylvania.

December 14, 1967.

Attorney(s) appearing for the Case

Arthur G. Raymes, John J. McCarty, Richter, Lord, Toll Cavanaugh & McCarty, Philadelphia, Pa., for plaintiff.

John B. Hannum, Pepper, Hamilton & Sheetz, Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

HIGGINBOTHAM, District Judge.

In this action brought under the Pennsylvania Survival Act, P.L. 512, April 18, 1949, 20 Pa.Stat.Ann. § 320.601, defendant has moved for summary judgment pursuant to Rule 56, F.R.Civ.P., on the ground that the two year statute of limitations had run prior to the filing of the complaint. 12 Pa.Stat.Ann. § 34 (1895). The relevant facts, considered for the purposes of this motion in the light most...

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