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LUZADDER v. DESPATCH OVEN CO.

Nos. 87-3030, 87-3142.

834 F.2d 355 (1987)

Betty Jane LUZADDER, Executrix of the Estate of David P. Luzadder, Deceased, v. DESPATCH OVEN COMPANY and Eclipse Inc. v. BROCKWAY, INC., a corporation; Honeywell, Inc. Appeal of Betty Jane LUZADDER.

United States Court of Appeals, Third Circuit.

Decided November 27, 1987.

Rehearing and Rehearing Denied December 18, 1987.

Attorney(s) appearing for the Case

Lawrence R. Chaban (argued), Kenneth J. Yablonski, Yablonski, Costello and Leckie, Washington, Pa., for appellant.

Vincent A. DeFalice (argued), Timothy J. Burdette, Patrick R. Riley, Egler, Anstandig, Garrett & Riley, Pittsburgh, Pa., for Despatch Oven Co.

Kim R. Bobrowsky (argued), Law Offices of Robert G. Simasek, Pittsburgh, Pa., for Eclipse, Inc.

Gregory F. Buckley (argued), Louis C. Long, Louis B. Loughren, Meyer, Darragh, Buckler, Bebenek and Eck, Pittsburgh, Pa., for Honeywell, Inc.

Before SLOVITER, STAPLETON, Circuit Judges, and BROTMAN, District Judge.

Rehearing and Rehearing In Banc Denied December 18, 1987.

OPINION OF THE COURT

BROTMAN, District Judge:

The present appeal calls upon this court to interpret a Pennsylvania statute of repose, 42 Pa.Cons.Stat.Ann. § 5536 (Purdon 1981), which extinguishes certain actions arising out of defects in improvements made to real property not commenced within twelve years of the making of such improvements. The district court below granted summary judgment...

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