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SIMMONS v. FENTON

No. 72-1392.

480 F.2d 133 (1973)

Malcolm SIMMONS and Doris Simmons, Plaintiffs-Appellants, v. Teresa D. FENTON and James L. Garrison, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 15, 1973.

Attorney(s) appearing for the Case

Herbert Schultzman, Paducah, Ky., Burton C. Bernard, Granite City, Ill., for plaintiffs-appellants.

John E. Jacobsen, Mt. Vernon, Ill., for defendants-appellees.

Before HASTINGS and MURRAH, Senior Circuit Judges, and PELL, Circuit Judge.

HASTINGS, Senior Circuit Judge.

We are presented with a novel question concerning the amendment of a complaint in a diversity tort action and the date to which it may or may not relate back pursuant to Rule 15(c), Federal Rules of Civil Procedure, Title 28, U. S.C.A. The relevant part of such rule reads:

"Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth...

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