A.J. CUNNINGHAM PACKING v. CONGRESS FINANCIAL CORP.

Nos. 85-3366, 85-3380.

792 F.2d 330 (1986)

A.J. CUNNINGHAM PACKING CORP. and Chicago Dressed Beef Co., Inc. and Continental Food Products, Inc. and Florence Beef Company, Appellants, v. CONGRESS FINANCIAL CORPORATION and Philadelphia National Bank. PIERCE TRADING COMPANY, Appellant, v. CONGRESS FINANCIAL CORPORATION and Philadelphia National Bank.

United States Court of Appeals, Third Circuit.

As Amended June 10, 1986.

Rehearing Denied July 1, 1986.


Attorney(s) appearing for the Case

Michael D. Fishbein (argued), Levin and Fishbein, Philadelphia, Pa., Michael P. Malakoff, Berger, Kapetan, Malakoff and Meyers, P.C., Pittsburgh, Pa., John Paul Curran, Curran, Mylotte, David & Fitzpatrick, Philadelphia, Pa., for appellants.

James H. McConomy, Eric A. Schaffer (argued), Reed, Smith, Shaw and McClay, Pittsburgh, Pa., for Congress Financial Corp.

David P. Bruton (argued), Henry John Kupperman, Drinker, Biddle and Reath, Philadelphia, Pa., Susan Hileman Malone, Richard DiSalle, Rose, Schmidt, Chapman, Duff and Hasley, Pittsburgh, Pa., for Philadelphia Nat. Bank

Before HIGGINBOTHAM, SLOVITER and MANSMANN, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal from a final judgment of the district court dismissing the complaints in these consolidated cases as time-barred. For the reasons that follow, we will reverse and remand for further proceedings.

I.

On August 29, 1984, plaintiffs A.J. Cunningham Packing Corp., Chicago Dressed Beef Co., Inc., Continental Food Products, Inc. and Florence Beef Company filed an...

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