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WARNER v. AUBERGE GRAY ROCKS, INN, LTEE.

No. 86-5638.

827 F.2d 938 (1987)

Earl WARNER, Appellant, v. AUBERGE GRAY ROCKS INN, LTEE., Appellee.

United States Court of Appeals, Third Circuit.

Decided September 3, 1987.

Attorney(s) appearing for the Case

Audrey L. Jacobsen, Charles W. Craven (argued), Marshall, Dennehey, Warner, Coleman and Goggin, Philadelphia, Pa., for appellant.

John A. Fratto (argued), Fratto, Alessi, Abbott & Fitchett, P.A., Barrington, N.J., for appellee.

Before GIBBONS, Chief Judge, WEIS, Circuit Judge, and POLLAK, District Judge

OPINION OF THE COURT

LOUIS H. POLLAK, District Judge:

The question before this court — a question of law, on which our review is plenary — is whether the district court was correct in determining, on the motion of defendant Auberge Gray Rocks Inn for summary judgment, that plaintiff Earl Warner's claim is time-barred. The question emerges from facts alleged in the complaint and taken as agreed for purposes of the motion — facts which...

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