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BRADFORD v. INDIANA & MICHIGAN ELEC. CO.

Civ. No. 81-3163.

588 F.Supp. 708 (1984)

Bruce BRADFORD and Hazel Bradford, Plaintiffs, v. INDIANA & MICHIGAN ELECTRIC COMPANY, an Indiana corporation, Defendant and Third-Party Plaintiff, v. KYLE FURNITURE COMPANY, a West Virginia corporation and Don P. Smith Chair Company, a Tennessee corporation, Third-Party Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

April 30, 1984.

Attorney(s) appearing for the Case

Lee B. Forb, Preiser & Wilson, Charleston, W.V., Frederick C. Dolt, Louisville, Ky., for plaintiffs Bradford.

Thomas W. Pettit, Huntington, W.V., Anthony J. Polito and Thomas A. Smock, Pittsburgh, Pa., for defendant and third-party plaintiff Indiana & Michigan Elec. Co.

R. Kemp Morton, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, W.V., for third-party defendant Kyle Furniture Co.

James D. McQueen, Jr., Campbell, Woods, Bagley, Emerson, McNee & Herndon, Huntington, W.V., for third-party defendant Don P. Smith Chair Co.

MEMORANDUM OPINION

STAKER, District Judge.

Presently before the court in this convoluted case are the motions of the third-party defendants to dismiss the third-party complaint as being barred by the statute of limitations and/or laches or, alternatively, for failure to state a claim. Intertwined with these issues is the question of whether the claims raised in the third-party complaint are governed by maritime law under the court's admiralty jurisdiction...

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