Strauss v. Rex

JOHN L. MILLER, District Judge.

In this action for personal injuries, defendant moves to vacate an order of this court dated April 6, 1959, permitting amendment of the complaint, after the running of the statute of limitations1, so as to substitute as party defendants Robert V. Rex and Janet B. Rex, trading as Howard Johnson’s Restaurant in place of the original defendant, The Pennsylvania Turnpike Shops, Inc., a Pennsylvania corporation. Defendant also moves to dismiss the complaint, asserting as a defense the statute of limitations.

The pertinent facts are as follows: Plaintiffs filed their…