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POLITE v. DIEHL

Nos. 72-1770, 72-2013.

507 F.2d 119 (1974)

Harold POLITE, Appellant, v. Donald DIEHL and Walter Lofstrom, as Individuals and as Officers of the McKeesport Police Department. Harold POLITE, Appellant, v. William RENDULIC et al.

United States Court of Appeals, Third Circuit.

Resubmitted September 13, 1974.

Decided December 31, 1974.

Attorney(s) appearing for the Case

Irving M. Portnoy, Harry J. Gruener, Richard B. Springer, Litman, Litman, Harris & Specter, Pittsburgh, Pa., for appellant.

Daniel J. Weis, Weis & Weis, Pittsburgh, Pa., for appellees.

Before SEITZ, Chief Judge, and KALODNER, VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, and GARTH, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) May 22, 1973.

Resubmitted En Banc September 13, 1974.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The primary issue on appeal in this civil rights action is whether the district court, in granting the defendants' motion for summary judgment, applied the correct statute of limitations.

I.

On the evening of August 17, 1969, an automobile operated...

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