Legal Opinion

In re City of Philadelphia Litigation

District Court, E.D. Pennsylvania

Decided December 28, 1988No. Civ. A. No. 87-2756; Master File No. 85-2745PublishedCited by 13 opinions

1Opinion of the Court

OPINION

LOUIS H. POLLAK, District Judge.

Defendants City of Philadelphia, W. Wilson Goode, Leo A. Brooks, and Gregore Sambor have moved to dismiss this action on several grounds: (1) plaintiff’s alleged failure to accomplish service in accordance with Rule 4 of the Federal Rules of Civil Procedure; (2) plaintiff’s alleged lack of capacity to sue; and (3) alleged expiration of the limitations period. Defendants also move to dismiss plaintiff’s punitive damages claim against the City. On June 30, 1988, Magistrate William F. Hall, Jr. recommended that the defendants’ motions be denied. Defendants…

2Cases cited11 opinions

  1. City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
  2. Sheldon Lovelace v. Acme Markets, IncCourt of Appeals for the Third Circuit · 1987
  3. Fannie R. Braxton v. United States of America and Department of Health & Human ServicesCourt of Appeals for the Third Circuit · 1987
  4. Green, Francis v. Humphrey Elevator and Truck Company and Maintenance CompanyCourt of Appeals for the Third Circuit · 1987
  5. Stranahan Gear Company, Inc. v. Nl Industries, Inc. v. Blue Streak Industries, Inc. Appeal of Nl Industries, IncCourt of Appeals for the Third Circuit · 1986

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3Cited by13 opinions

  1. Ronald Despain, and Jamilyn Mellen v. Salt Lake Area Metro Gang Unit Bureau of Alcohol, Tobacco and Firearms Robert SwehlaCourt of Appeals for the Tenth Circuit · 1994
  2. Shaw v. Rolex Watch U.S.A., Inc.District Court, S.D. New York · 1990
  3. Mused v. United States of America Department of Agriculture Food & Nutrition ServiceDistrict Court, W.D. New York · 1996
  4. Battle v. District of ColumbiaDistrict Court, District of Columbia · 2014
  5. Broitman v. Kirkland (In Re Kirkland)District Court, D. Utah · 1995

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