Legal Opinion

Susan Cohn and Walter Cohn, Her Husband v. G.D. Searle & Co., Irwin I. Kimmelman, Esq., Attorney General of New Jersey, Intervenor

Court of Appeals for the Third Circuit

Decided March 12, 1986No. 85-5048PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

SEITZ, Circuit Judge.

Plaintiffs Susan Cohn and Walter R. Cohn, husband and wife, appeal from the final' summary judgment of the district court dismissing their complaint as untimely. Plaintiffs are residents of New Jersey; defendant G.D. Searle & Co. (Searle) is a Delaware corporation whose principal place of business is in Illinois. The district court’s jurisdiction over this case was grounded in diversity, 28 U.S.C. § 1332 (1982). We have appellate jurisdiction under 28 U.S.C. § 1291 (1982).

I

The serpentine course of this litigation may be adequately charted from the five…

2Cases cited38 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  5. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971

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3Cited by17 opinions

  1. Juzwin v. Asbestos Corp.Court of Appeals for the Third Circuit · 1990
  2. William DEGNAN, Jr., Plaintiff, Appellant, v. PUBLICKER INDUSTRIES, INC., Et Al., Defendants, AppelleesCourt of Appeals for the First Circuit · 1996
  3. Stephen Juzwin and Mary Juzwin, His Wife v. Asbestos Corporation, Ltd., Individually and as Successor to Johnson's Company Carey Canadian Mines Amtorg Trading Corporation and Metropolitan Life Insurance Company Flintkote Mines, Ltd. Turner & Newall, P.L.C. John Doe Corporation (A Fictitious Name Representing One or More Corporations or Companies, Engaged in the Business of Mining, Manufacturing, Distributing or Supplying Finished and Unfinished Asbestos Products and Fibers to Plaintiffs' Employer Gaf/ruberoid) Judy Doe Corporations (A Fictitious Name Representing One or More Legal Entities Who Stand in the Shoes of the John Doe Either as Successor in Interest, Alter Ego, or by Other Equitable Doctrine Which Makes Them Responsible for the John Doe Liability). Amtorg Trading Corp., Third-Party v. Leonard J. Buck, Inc., Flintkote Mines, Ltd., National Gypsum Company and Turner & Newall, P.L.C., Third-Party and Carey Canada, Inc., and Third-Party v. Lac D'AmiAnte Du Quebec Limitee, Individually and as Successor to Lake Asbestos of Quebec, Ltd. And Bell Asbestos Mines Limited, and Leonard J. Buck, Inc., Third-Party and Fourth-Party v. Associated Ore & Metal Corp., Ltd., Fourth-Party Appeal of Carey Canada, Inc.Court of Appeals for the Third Circuit · 1990
  4. Gilmore v. BergDistrict Court, D. New Jersey · 1991
  5. Wisconsin Resources Protection Council v. Flambeau Mining Co.Court of Appeals for the Seventh Circuit · 2013

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