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United States Third Circuit


Jewelcor Inc. v. Karfunkel, 05-2244, 05-4121, 06-4003

Denial of defendants' motion to dismiss a breach-of-lease claim brought by plaintiffs on statute-of-limitations grounds, and a judgment and award of attorney's fees for plaintiffs, are reversed in part and vacated in part where the district court should have granted defendants' motion to dismiss where, since a Pennsylvania savings statute would not permit plaintiff to pursue its time-barred claim in a state court, the statute could not preserve the claim in a federal court.

Appellate Information

  • Argued 06/28/2007
  • Decided 02/11/2008
  • Published 02/11/2008

Judges

  • Before:  SMITH and GREENBERG, Circuit Judges, and POLLAK, District Judge.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Robert C. Nowalis, Esquire, Doran, Nowalis & Doran, Wilkes-Barre, PA, Attorney for Michael Karfunkel and George Karfunkel., George A. Reihner, Esquire, Geff Blake, Esquire Wright & Reihner, P.C., Scranton, PA, Attorneys for Jewelcor Inc, Jewelcor Jewelers and Distributors, Inc. and Marketing Jewel Services Corp.

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