AMOCO v. PENN STATE ALUMINUM

No. 2511 of 1980.

20 Pa. D. & C. 3d 623 (1981)

Amoco Oil v. Penn State Aluminum Co., Inc.

Common Pleas Court of Cumberland County, Pennsylvania.

September 17, 1981.


Attorney(s) appearing for the Case

Thomas J. Williams, for plaintiff.

J. Jay Cooper, for defendant.


SHUGHART, P.J., September 17, 1981.

Before us is plaintiff's motion for summary judgment. Plaintiff contends that defendant's counterclaim, which seeks an affirmative judgment on plaintiff's breach of contract, or, in the alternative, a "setoff" on any amount found to be due plaintiff, is barred by the statute of limitations. We find that defendant's counterclaim that asks for a "setoff" is not barred; therefore, summary judgment must be denied.

Plaintiff...

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