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DEFENSIVE INSTRUMENTS, INC. v. RCA CORPORATION

Civ. A. No. 73-234.

385 F.Supp. 1053 (1974)

DEFENSIVE INSTRUMENTS, INC., and Normda Industries, Inc., Plaintiffs, v. RCA CORPORATION, Defendant.

United States District Court, W. D. Pennsylvania.

December 17, 1974.

Attorney(s) appearing for the Case

Gilbert Helwig, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., James D. Fornari, Philadelphia, Pa., for defendant.

Seymour A. Sikov, Pittsburgh, Pa., for plaintiffs.

OPINION

DUMBAULD, District Judge.

Before us is defendant's motion for Summary Judgment based upon the contention that the California statute of limitations prevents bringing the action. Such a defense, if established, would eliminate the need for scrutiny of the merits of the case. Hence discovery should be limited to the preliminary question as to the validity of this defense, Fraley v. C. & O. Ry. Co....

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