Panhandle Eastern Pipe Line Company v. Charles A. Brecheisen

LEWIS, Circuit Judge.

Panhandle Eastern Pipe Line Company appeals from an adverse and summary judgment entered in the District of Kansas and holding that Panhandle’s alleged claim was barred by Kansas statutory limitation applicable to contract actions not based upon written instruments. Panhandle asserts that the court erred in concluding that its cause of action was not based upon a written contract and, in the alternative, that its action was commenced within the statutory time limitation applicable to implied contracts. 1 The latter contention requires an interpretation of Rule 12(b),…