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MARSHALL v. AETNA CAS. & SUR. CO.

No. 80-2207.

643 F.2d 151 (1981)

MARSHALL, W. Frederick, Appellant, v. AETNA CASUALTY & SURETY COMPANY.

United States Court of Appeals, Third Circuit.

Decided March 10, 1981.

Rehearing and Rehearing Denied April 13, 1981.

Attorney(s) appearing for the Case

Harry A. Dower and Charles R. Osinski, Dower, Yarema & Co., P.C., Allentown, Pa., for appellant.

A. Richard Bailey, Cozen, Begier & O'Connor, Philadelphia, Pa., for appellee.

Before ALDISERT and HIGGINBOTHAM, Circuit Judges, and LACEY, District Judge.

Submitted Under Third Circuit Rule 12(6) February 10, 1981.

Rehearing and Rehearing In Banc Denied April 13, 1981.*

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question presented by this appeal from a Fed.R.Civ.Pro. 12(b)(6) dismissal of a diversity jurisdiction suit on an insurance contract tried under Pennsylvania law is whether the court erred in concluding that the action was barred by the twelve month...

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