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HUNT v. PENN CENTRAL TRANSP. CO.

Civ. A. No. 76-539.

414 F.Supp. 1157 (1976)

Carolyn Sue HUNT, Administratrix of the Estate of Leo Franklin Hunt, Deceased, parent and natural guardian of Tammy Sue Hunt and Curtis Franklin Hunt, minors, and Carolyn Sue Hunt, in her own right, Plaintiffs, v. PENN CENTRAL TRANSPORTATION COMPANY, a corporation, et al., Defendants.

United States District Court, W. D. Pennsylvania.

June 18, 1976.

Attorney(s) appearing for the Case

Louis B. Loughren, Pittsburgh, Pa., for plaintiffs.

Herbert Bennett Conner, Pittsburgh, Pa., for The Pittsburgh, Youngstown and Ashtabula Rwy. Co.

Bruce R. Martin, Pittsburgh, Pa., for Pennsylvania Power Co.

Aloysius F. Mahler, Pittsburgh, Pa., for Penn Central Transportation.

MEMORANDUM OPINION

WEBER, District Judge.

The defendants in the above-case have moved the court to dismiss on three grounds, only one of which requires our extended consideration here. The failure to set forth the allegations of citizenship of the parties for the purpose of diversity jurisdiction is a defect which can be cured by amendment. The motion to dismiss the wrongful death cause of action by reason of the bar of the statute of limitations is not...

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