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SIMMONS v. AMERICAN MUT. LIABILITY INS. CO.

Civ. A. No. 75-19-T.

433 F.Supp. 747 (1976)

Thomas SIMMONS, Plaintiff, v. AMERICAN MUTUAL LIABILITY INSURANCE CO. et al., Defendants.

United States District Court, S. D. Alabama, S. D.

October 16, 1976.

Attorney(s) appearing for the Case

Jonathan P. Gardberg, Mobile, Ala., for plaintiff.

W. Boyd Reeves, and Norman E. Waldrop, Jr., Mobile, Ala., for American Mutual Liability Ins. Co. and Am. Mut. Liab. Ins. Co. of Boston.

Sidney H. Schell, Mobile, Ala., for Mobile Paint Manufacturing Co., Inc.

James H. Crosby, Mobile, Ala., for Clemco Industries, Inc.

Peter V. Sintz, Mobile, Ala., for Pulmosan Safety Equipment Corp., Inc.

Robert G. Kendall, Mobile, Ala., for Pulmosan Safety Equipment Corp., Inc.

ORDER

DANIEL HOLCOMBE THOMAS, Senior District Judge.

This matter came on for consideration on defendants Clemco, Inc., and Mobile Paint Company's motions for summary judgment, which argue that the claims presented by this suit are time barred.

Clemco, Inc. contends that California or Tennessee law should govern the issues presented by its motion for summary judgment. The main point argued is that the law of the state in which the contract was made...

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