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INS. CO. OF N. AM. v. CARNAHAN

446 Pa. 48 (1971)

Insurance Company of North America, Appellant, v. Carnahan.

Supreme Court of Pennsylvania.

December 20, 1971.

Attorney(s) appearing for the Case

Louis Vaira, with him John D. Stedeford, for appellant.

William M. Acker, for appellee.

Before JONES, EAGEN, O'BRIEN, POMEROY and BARBIERI, JJ.

OPINION BY MR. JUSTICE POMEROY, December 20, 1971:

This is an appeal from a final decree of the court below sustaining preliminary objections in the nature of a demurrer to a complaint in equity and dismissing the complaint. The suit was brought to prevent the assertion by defendant of the statute of limitations as a defense in an action at law in trespass pending in the same court. The narrow question presented for our resolution is the determination of the date...

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