Whether the failure to contest a writ of summons constitutes waiver of the statute of limitations defense in a subsequent federal action

QUESTION PRESENTED 1. Whether the United States Court of Appeals for the Third Circuit, the court below, erred in determining that the failure of defendants to contest, challenge or otherwise avail themselves of state procedural mechanisms to attack a writ of summons constitutes waiver of the statute of limitations defense in a subsequent federal action where the parties and the claims are the same.