WM. H. McGEE & CO. v. LIEBHERR AMERICA, INC.

Civ. A. No. 91-125.

789 F.Supp. 861 (1992)

WM. H. McGEE & COMPANY and Carlisle Equipment Co., Plaintiffs, v. LIEBHERR AMERICA, INC., Defendant.

United States District Court, E.D. Kentucky, Covington.

April 10, 1992.


Attorney(s) appearing for the Case

Gary L. Herfel, Florence, Ky., Michael K. Siebenhaa, Chicago, Ill., for plaintiffs.

Gregory L. Weber, Covington, Ky., R. Guy Taft, Cincinnati, Ohio, for defendant.


OPINION

BERTELSMAN, Chief Judge.

The court on this motion is again faced with the endemic problem of determining the extent to which state statutes and rules related to limitations of actions apply in federal diversity cases.

FACTS

Two days before the statute of limitations ran, the plaintiffs, William H. McGee and Company and Carlisle Equipment Company, filed this diversity action to recover...

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