Luzzader v. Despatch Oven Co.
By United States Court of Appeals for the Third Circuit
- Release Date - Published: 1987-09-10
- Book Genre: Law
- Author: United States Court of Appeals for the Third Circuit
Luzzader v. Despatch Oven Co. United States Court of Appeals for the Third Circuit read online review & book description:
Opinion OF THE COURT BROTMAN, District Judge: The present appeal calls upon this court to interpret a Pennsylvania statute of repose, 42 Pa.Cons.StatAnn. Â§ 5536 (Purdon 1981), which extinguishes certain actions arising out of defects in improvements made to real property not commenced within twelve years of the making of such improvements. The district court below granted summary judgment in favor of appellees Despatch Oven Company, Eclipse, Inc., and Honeywell, Inc., determining that plaintiff's claim was barred by Â§ 5536. Because we conclude that these defendant manufacturers do not fall within the class of persons sought to be protected by Pennsylvania's repose statute, we reverse the district court's grant of summary judgment.
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