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AETNA CAS. & SUR. CO. v. CURRENT COMPONENTS

No. 83-2310C(6).

616 F.Supp. 862 (1985)

AETNA CASUALTY & SURETY COMPANY v. CURRENT COMPONENTS, INC., Reptron/Michigan Electronics, Serge Mandell, Herbert Myers, Anthony Benanti, Robert Ruesing, Michael Musto, Terry Gibbs, Noel Hutchins, Edward Escobedo, Prime Source, Inc., D-Mont Distributors Corp., Components Plus, Inc., Arnold Goodrich, Paul Weinstein.

United States District Court, E.D. Missouri, E.D.

September 16, 1985.

Attorney(s) appearing for the Case

Daniel E. Wilke, Brinker, Doyen & Kovacs, Clayton, Mo., for plaintiff.

John L. Boeger, St. Louis, Mo., Anthony B. Ramirez, Coleman, Ross, Carey, Goetz & Schaaf, Inc., Clayton, Mo., Burton Greenburg, London, Greenberg & Pleban, Tim Kellett, Walter M. Clark, John F. Cowling, Armstrong, Teasdale, Kramer & Vaughan, Donald J. Stohr, Thompson & Mitchell, St. Louis, Mo., John F. Triggs, Slade & Pellman, New York City, R. Timothy Hanlon, Shaw, Pittman, Potts & Trowbridge, Washington, D.C., Michael B. McKinnis, J. Thomas Archer, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for defendants.

MEMORANDUM

GUNN, District Judge.

This case is before the Court on defendant Frank Fernandez's motion to dismiss plaintiff's second amended complaint against him. The Court has considered the exhibits and supplementary affidavits filed by defendant with its motion, and hence has treated the motion as one for summary judgment pursuant to Rule 56, F.R.C.P.

As grounds for dismissal Fernandez asserts that plaintiff's cause of action against him is time...

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