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STAGG v. BENDIX CORP.

472 A.2d 40 (1984)

Kenneth STAGG, Plaintiff, v. BENDIX CORPORATION, et al., Defendants.

Superior Court of Delaware, New Castle County.

Decided: January 4, 1984.

Attorney(s) appearing for the Case

Thomas C. Crumplar and Douglas B. Canfield of Jacobs & Crumplar, Wilmington, for plaintiff.

Richard K. Herrmann and Phebe S. Young of Bayard, Brill & Handelman, Wilmington, for defendant, Bendix Corporation.

WALSH, Judge.

In this asbestos action, Bendix Corporation (Bendix), one of several defendants claimed to have contributed to the plaintiff's asbestos-related ailment, has moved to dismiss the complaint as untimely filed under the applicable statute of limitations (10 Del.C. § 8119). Since material outside the pleadings has been submitted by both parties, the motion will be treated as a motion for summary judgment under Superior Court Civil Rule 56(b)....

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