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MINER v. CSX TRANSP., INC.

No. 91-CV-1505.

626 A.2d 908 (1993)

Jack G. MINER, Appellant, v. CSX TRANSPORTATION, INC., et al., Appellees.

District of Columbia Court of Appeals.

Decided June 17, 1993.

Attorney(s) appearing for the Case

Gregory M. Tobin, East Alton, IL, for appellant.

John J. Hathway, with whom James B. Sarsfield, Washington, DC, was on the brief, for appellees.

Before TERRY and WAGNER, Associate Judges, and KERN, Senior Judge.

KERN, Senior Judge:

The trial court dismissed appellant's personal injury action upon a motion to dismiss by appellees on the ground that it was time-barred because the statute of limitations had run.1 We reverse.

The essential facts are not in dispute. Appellant placed his complaint in the hands of the clerk for filing prior to the running of the statute of limitations, but the court clerk rejected and returned it to appellant...

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