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MATLACK, INC. v. BUTLER MANUFACTURING COMPANY

Civ. A. No. 37439.

253 F.Supp. 972 (1966)

MATLACK, INC., Plaintiff, v. BUTLER MANUFACTURING COMPANY, Defendant, v. HUPP CORPORATION, Additional Defendant.

United States District Court E. D. Pennsylvania.

May 4, 1966.

Attorney(s) appearing for the Case

Arthur R. Littleton, Morgan, Lewis & Bockius, Philadelphia, Pa., for plaintiff.

Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., for defendant and third-party plaintiff Butler Mfg. Co.

Oliver C. Biddle, Philadelphia, for third-party defendant Hupp Corp.

WOOD, District Judge.

This is a motion for summary judgment under F.R.Civ.P. 56 brought by defendant Butler Manufacturing Company on the grounds that the plaintiff's claim is barred by the applicable statute of limitations and that the complaint fails to state a claim upon which relief can be granted.

In 1960 plaintiff Matlack, Inc. purchased 50 cement carrying trailers from defendant, Butler Manufacturing Company...

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