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MARION v. AIR PREHEATER CORPORATION

195 F.Supp. 426 (1961)

Margaret A. MARION, as Administratrix of the goods, chattels and credits which were of Michael Marion, Deceased, John Ferrara and Raymond Alexander, Plaintiffs, v. The AIR PREHEATER CORPORATION (sued herein as Air Pre-Heater Corp.), New York Central Railroad Company, Foster Wheeler Corporation and Erie Railroad Company, Defendants.

United States District Court S. D. New York.

July 5, 1961.

Attorney(s) appearing for the Case

John P. Smith, New York City, for defendant Foster Wheeler Corporation (Joseph A. Minch, New York City, of counsel).

Harry H. Lipsig, New York City, for plaintiffs.

MacMAHON, District Judge.

This is a motion by defendant Foster Wheeler Corporation to dismiss the complaint as to it upon the ground that it is barred by the statute of limitations.

This action arises out of an accident which occurred in New Jersey on October 2, 1957. Foster Wheeler was served with a supplemental summons and amended complaint on August 23, 1960, more than two years after the accident.

All of the plaintiffs are residents of New Jersey...

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