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LAFFERTY v. ST. RIEL

No. 05-5357.

495 F.3d 72 (2007)

Debra A. LAFFERTY; Randolph C. Lafferty, her Husband, Appellants v. Gito ST. RIEL; Achenbach's Pastries, Inc.; John Doe; Mary Doe; ABC Partnerships; DEF Corporations; XYZ Corporations, Jointly, Severally and/or in the Alternative.

United States Court of Appeals, Third Circuit.

Opinion filed: July 13, 2007.

As Amended July 19, 2007.

Attorney(s) appearing for the Case

Daniel J. Cahill, Esquire, Youngblood, Corcoran, Lafferty & Hyberg, Linwood, NJ, for Appellants.

Lloyd G. Parry, Esquire, Davis, Parry & Tyler, Philadelphia, PA, for Appellees.

Before: McKEE, AMBRO and FISHER, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) January 9, 2007.

OPINION OF THE COURT

AMBRO, Circuit Judge.

We deal with a deceptively simple issue: which filing date applies for statute of limitations purposes when a federal district court transfers venue to another district under 28 U.S.C. § 1406(a)? Here, a federal district court in New Jersey with diversity jurisdiction transferred a personal injury claim filed within the limitations statutes...

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