Legal Opinion
Walker v. Armco Steel Corp.
District Court, W.D. Oklahoma
Decided April 18, 1978No. CIV-77-0816-TPublishedCited by 2 opinions
1Opinion of the Court
ORDER
RALPH G. THOMPSON, District Judge.
Jurisdiction in this action, for personal injury, is founded upon 28 U.S.C. § 1332. Plaintiff’s complaint states that he received injuries from defendant’s tortious acts on August 22, 1975. Complaint was filed August 19, 1977, three days before the action would have been barred by the Oklahoma statute of limitations. Defendant was served with process on December 1, 1977. Defendant’s motion to dismiss presents an essentially simple question which has no concrete answer in this jurisdiction; i. e., when is an action “commenced” in federal court, so as to…
2Cases cited13 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- John T. Witherow v. The Firestone Tire & Rubber Company, a CorporationCourt of Appeals for the Third Circuit · 1976
- Salvatore J. Sylvestri v. The Warner & Swasey Co., Inc., Salvatore J. Sylvestri v. Comad, Inc.Court of Appeals for the Second Circuit · 1968
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3Cited by2 opinions
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Michael Lindsey v. Dayton-Hudson Corporation, D/B/A Target Stores, a Minnesota CorporationCourt of Appeals for the Tenth Circuit · 1979