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COHN v. G.D. SEARLE & CO.

No. 85-5048.

784 F.2d 460 (1986)

Susan COHN and Walter Cohn, her husband, Appellants, v. G.D. SEARLE & CO., Appellee, Irwin I. Kimmelman, Esq., Attorney General of New Jersey, Intervenor.

United States Court of Appeals, Third Circuit.

Decided January 7, 1986.

As Modified on Denial of Rehearing March 12, 1986.

Attorney(s) appearing for the Case

Walter R. Cohn (argued), Thomas E. Cohn, South Orange, N.J., for appellants.

Irwin I. Kimmelman, Atty. Gen. of N.J., James J. Ciancia, Harry Haushalter (argued), Trenton, N.J., for intervenor.

Raymond M. Tierney, Jr., Susan M. Sharko, Shanley & Fisher, P.C., Morristown, N.J., William P. Richmond, David W. Carpenter (argued), Kathleen Clubb Kauffman, Sidley & Austin, Chicago, Ill., for appellee.

Patricia A. Mattern, Rawle & Henderson, Philadelphia, Pa., for amicus curiae, Kelsey-Hayes Co.

Richard T. Conway, David Booth Beers, I. Michael Greenberger, Shea & Gardner, Washington, D.C., Joseph P. La Sala, Joseph F. Lagrotteria, Robinson, Wayne, Levin, Ricco & La Sala, Newark, N.J., for amicus curiae, Brinco Mining Ltd.

Robert H. Jaffe, Howard G. Schlesinger, Jaffe & Schlesinger, P.A., Springfield, N.J., for amicus curiae Asbestos plaintiffs Assn.

Before SEITZ, WEIS and ROSENN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Plaintiffs Susan Cohn and Walter R. Cohn, husband and wife, appeal from the final summary judgment of the district court dismissing their complaint as untimely. Plaintiffs are residents of New Jersey; defendant G.D. Searle & Co. (Searle) is a Delaware corporation whose principal place of business is in Illinois. The district court's jurisdiction over this case was grounded in diversity, 28 U.S.C. § 1332...

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