(Download) "Freemer v. Co Mac T" by United States Court of Appeals for the Third Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Freemer v. Co Mac T
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 12, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is an appeal by Kaiser Gypsum Company, Inc. ("Kaiser") from an order denying its motion to dismiss on limitations grounds. James and Carmeline Stinson, the plaintiffs in the district court, filed this suit three years after James Stinson was diagnosed as having pleural thickening resulting from asbestos exposure. The applicable statute of limitations is two years. The Stinsons filed an earlier suit against Kaiser, and 54 other defendants, in the same court, one year after the diagnosis, but the suit was dismissed against Kaiser, pursuant to Rule 4(j) of the Federal Rules of Civil Procedure, because the only service of Kaiser, within the 120 day service period, was ineffective.