JARVIS v. JOHNSON

No. 80-1951.

668 F.2d 740 (1982)

Harold L. JARVIS and Janet R. Jarvis, his wife v. Raymond E. JOHNSON, K & L Builders and Gene C. Lenhart v. Lois E. GILLETTE. Harold L. JARVIS and Janet R. Jarvis, his wife v. Michael P. KIENLE. Appeal of Harold L. JARVIS and Janet R. Jarvis, his wife.

United States Court of Appeals, Third Circuit.

Decided January 11, 1982.


Attorney(s) appearing for the Case

John G. Gent (argued), Cygne L. Nemir, Quinn, Gent, Buseck & Leemhuis, Inc., Erie, Pa., for appellants.

John W. Beatty (argued), Timothy J. Lucas, Knox, Graham, McLaughlin, Gornall & Sennett, Inc., Erie, Pa., for appellees Raymond E. Johnson, K & L Builders, Gene C. Lenhart and Michael P. Kienle.

Michael V. Gilberti (argued), Eric N. Anderson, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for appellee Lois E. Gillette.

Before HUNTER and GARTH, Circuit Judges, and SAROKIN, District Judge.


OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires us to determine whether Rule 238 of the Pennsylvania Rules of Civil Procedure, which provides for prejudgment interest in tort cases, must be applied in a diversity action brought in a federal district court in Pennsylvania.

The district court held that Rule 238 was a "procedural" rule and that therefore prejudgment interest was not available in a federal court under the doctrine first...

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