This section contains the nature of the case and procedural background.

Cheek was killed in Alabama when a grinding wheel burst. D manufactured that wheel. D was a corporation with its principal place of business in Pennsylvania. Alabama Code provides that an action must be brought within two years from and after the death. Pennsylvania provides for one year. P sued D after one year but before the two year period had expired. D moved for summary judgment invoking the Pennsylvania one year period. The court found that the Pennsylvania conflict of laws rule called for the application of its limitation rather than that of the place of the accident. The court granted summary judgment for D and P appealed. The Court of Appeals affirmed and the Supreme Court granted certiorari.

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