Ciccarelli v. Carey Canadian Mines, Ltd.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal involves the interpretation and application of state statutes of limitation in wrongful death and survival actions. Although the district court erred in holding that as a matter of law defendants in such actions may never be estopped from pleading the statute of limitations, our review of the record discloses insufficient evidence to ground an estoppel argument. Accordingly we will affirm.

I

Appellants are part of a group of 31 plaintiffs who originally filed an action in May, 1979, in a Pennsylvania state court.1 The case was removed to the…