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SMITH v. ALLEN-BRADLEY COMPANY

Civ. A. No. 72-C-42-L.

371 F.Supp. 698 (1974)

James Edmond SMITH, Plaintiff, v. ALLEN-BRADLEY COMPANY and T. W. and C. B. Sheridan Company, Defendants.

United States District Court, W. D. Virginia, Lynchburg Division.

January 23, 1974.

Attorney(s) appearing for the Case

William B. Poff, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., and Lacey E. Putney, Putney & Putney, Bedford, Va., for plaintiff.

William R. Rakes, Gentry, Locke, Rakes & Moore, Ronaoke, Va., for Allen-Bradley Co.

S. J. Thompson, Jr., Caskie, Frost, Davidson, Hobbs & Hamblem, Lynchburg, Va., for T. W. and C. B. Sheridan Co.

OPINION

TURK, Chief Judge.

This diversity case is before the court on defendants' motion to dismiss, and the issue presented at this time is whether plaintiff's cause of action is barred by the statute of limitations.

Plaintiff alleges in his complaint that on or about May 28, 1970, while engaged in the course of his employment for Rubatex Corporation, a "limit switch" malfunctioned causing a Sheridan #34 Die Cutting Press to operate in a faulty...

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