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COMMONWEALTH TRUST CO. OF PITTSBURGH v. UNITED STATES

Civ. Nos. 7333, 7343.

96 F.Supp. 712 (1951)

COMMONWEALTH TRUST CO. OF PITTSBURGH et al. v. UNITED STATES (two cases).

United States District Court W. D. Pennsylvania.

April 6, 1951.

Attorney(s) appearing for the Case

John A. McCann, A. M. Oliver, Pittsburgh, Pa., for plaintiffs.

Leland T. Atherton, U. S. Atty. Gen.'s Office, Washington, D. C., for defendant.

GOURLEY, District Judge.

In connection with Civil Action No. 7333, government counsel has taken exception to the order entered July 13, 1949 which permitted the filing of an amended complaint.

The government contends:

(1) The statute of limitations bars the amended complaint since it sets up a new cause of action.

(2) The original complaint is fatally defective in that:

(a) It does not set...

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