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BENDIX AUTOLITE CORP. v. MIDWESCO ENTERPRISES, INC.

No. 85-3784.

820 F.2d 186 (1987)

BENDIX AUTOLITE CORPORATION, Plaintiff-Appellant, v. MIDWESCO ENTERPRISES, INC., Defendant/Third-Party, Plaintiff-Appellee, International Boiler Works Company, Third-Party Defendant.

United States Court of Appeals, Sixth Circuit.

Decided June 3, 1987.

Attorney(s) appearing for the Case

Noel C. Crowley, New York City, Philip L. Dombey, Leatherman, Witzler, Dombey, Hart and Kobil, Perrysburg, Ohio, J. Kenneth Wainwright, Jr., argued, Allied Corp. Law Dept., Morristown, N.J., for Bendix Autolite Corp.

Heil-Quaker Corp., Stanley M. Lipnick, Arnstein, Gluck, Lehr, Barron & Milligan, Chicago, Ill., amicus curiae for Bendix.

Harland M. Britz, Toledo, Ohio, Ira J. Bornstein, argued, Harvey J. Barnett, Chicago, Ill., for Midwesco Enterprises, Inc.

Before MARTIN, JONES, and MILBURN, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Bendix Autolite Corporation appeals the grant of summary judgment to Midwesco Enterprises, Inc. in this diversity contract dispute. Bendix claims the district court erred in finding that Ohio's tolling statute imposes an impermissible burden on interstate commerce. For the following reasons, we affirm.

Bendix is a Delaware corporation with its principal place of business in Ohio. Midwesco is an Illinois corporation with...

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