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EASLEY v. PETTIBONE MICHIGAN CORP.

No. 92-1382.

990 F.2d 905 (1993)

Carl EASLEY, Jr., and Mary Easley, Plaintiffs-Appellees, v. PETTIBONE MICHIGAN CORPORATION, Industrial and Construction Machine, its Parent Corporation and its Subsidiary and Sister Corporations, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 8, 1993.

Attorney(s) appearing for the Case

R. Duncan MacDonald (argued and briefed), MacDonald, Fitzgerald, MacDonald & Simon, Flint, MI, for plaintiffs-appellees.

Donald Payton (argued and briefed), Kaufman & Payton, Farmington Hills, MI, Robert D. Kolar, Eric G. Patt, Robert D. Kolar & Associates, Ltd., Chicago, IL, for defendants-appellants.

Before KENNEDY and BATCHELDER, Circuit Judges, and ENGEL, Senior Circuit Judge.

KENNEDY, Circuit Judge.

We certified this interlocutory appeal under 28 U.S.C. § 1292 to determine whether plaintiffs' filing of their products liability suit against defendants during the pendency of an automatic bankruptcy stay was sufficient commencement of the action for purposes of complying with the applicable statute of limitations. We reverse the District Court's order and remand the case for dismissal for the reasons set forth below.

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