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BLAHA v. A.H. ROBINS & CO.

No. 82-1284.

708 F.2d 238 (1983)

Phyllis BLAHA, Plaintiff-Appellant, v. A.H. ROBINS AND COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1983.

Attorney(s) appearing for the Case

Steven G. Silverman, Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick, Norman Rosen (argued), Richard E. Shaw (argued), Detroit, Mich., for plaintiff-appellant.

Jeremiah J. Kenney, Kitch, Suhrheinrich, Smith, Saurbier & Drutchas, Mark Willmarth (argued), Thomas Foley, Detroit, Mich., for defendant-appellee.

Before MARTIN and CONTIE, Circuit Judges, and MARKEY, Chief Circuit Judge.

PER CURIAM.

The plaintiff appeals from the district court's determination that her action was barred by the applicable Michigan statute of limitations. Blaha v. A.H. Robins & Co., 536 F.Supp. 344 (W.D.Mich.1982). Her action was timely filed but she failed to make service upon the defendant until after the limitations period had expired. The issue on appeal is whether a Michigan court rule requiring automatic dismissal...

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