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CLEVELAND LUMBER COMPANY v. PROCTOR & SCHWARTZ, INC.

Civ. A. No. C 74-1511 A.

397 F.Supp. 1088 (1975)

CLEVELAND LUMBER COMPANY, Plaintiff, v. PROCTOR & SCHWARTZ, INC., Defendant.

United States District Court, N. D. Georgia, Atlanta Division.

On Motion to Reconsider May 6, 1975.

Attorney(s) appearing for the Case

Ben F. Johnson, III, Alston, Miller & Gaines, Atlanta, Ga., for plaintiff.

James H. Bratton, Jr., Gambrell, Russell, Killorin, Wade & Forbes, Atlanta, Carson, Proctor & Schwartz, and Drinker, Biddle & Reath, Philadelphia, Pa., for defendant.

ORDER

JAMES C. HILL, District Judge.

This diversity action is before the Court on defendant's motion to dismiss, or in the alternative, to stay the action pending the outcome of litigation in the Court of Common Pleas, Philadelphia, Pennsylvania. On the motion to dismiss, defendant asserts that the complaint does not set forth a claim upon which relief can be granted as the claim is outside the applicable statute of limitations. See Freund v. Insurance...

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