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PEEKE v. PENN CENTRAL TRANSPORTATION COMPANY, INC.

Civ. A. No. 72-1070.

403 F.Supp. 70 (1975)

Alan PEEKE v. PENN CENTRAL TRANSPORTATION COMPANY, INC., et al. v. CELOTEX CORPORATION, Third-Party Defendant.

United States District Court, E. D. Pennsylvania.

October 16, 1975.

Attorney(s) appearing for the Case

Carl M. Mazzocone, Philadelphia, Pa., for plaintiff.

David E. Faust, Philadelphia, Pa., for defendants Penn Central and Philadelphia, Balt. & Wash. R. R.

Guy T. Moore, Philadelphia, Pa., for defendant Balt. & Ohio R. R.

Arthur E. Newbold, III, Philadelphia, Pa., for defendant Norfolk & Western Ry.

Dudley Hughes, Philadelphia, Pa., for defendant Whiting.

David F. Kaliner, Philadelphia, Pa., for Third Party Defendant Celotex.

MEMORANDUM AND ORDER

EDWARD R. BECKER, District Judge.

The motion of Whiting Corporation for summary judgment requires us to consider the application of Pennsylvania's statutes of limitations in products liability cases. The amended complaint alleges breach of warranty in the sale of a railroad "trackmobile," a machine employed to draw boxcars along industrial sidings.1 Defendant Whiting Corporation sold the trackmobile in question...

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