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WHEELING-PITTSBURGH STEEL v. DONOVAN WIRE AND IRON

No. 78-1897.

614 F.2d 945 (1980)

WHEELING-PITTSBURGH STEEL CORPORATION, Appellant, v. DONOVAN WIRE AND IRON COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1980.

Attorney(s) appearing for the Case

T. Lawrence Palmer, Pittsburgh, Pa. (Hollinshead & Mendelson, Pittsburgh, Pa., Ronald E. Wilson, Jordan & Wilson, New Cumberland, W. Va., on brief), for appellant.

Jolyon W. McCamic, Wheeling, W. Va. (McCamic & McCamic, Wheeling, W. Va., on brief), for appellee.

Before BUTZNER and WIDENER, Circuit Judges, and ROSZEL THOMSEN, Senior United States District Judge for the District of Maryland, sitting by designation.

BUTZNER, Circuit Judge:

Wheeling-Pittsburgh Steel Corporation appeals from an order of the district court dismissing without prejudice its suit against Donovan Wire and Iron Company. We vacate the order and remand for reinstatement of the complaint.

Wheeling-Pittsburgh claims more than a million dollars from Donovan on a contract of guaranty. Shortly before the statute of limitations ran, Wheeling-Pittsburgh filed three identical federal actions in Pennsylvania...

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