Legal Opinion
Betty Lou Carson v. U-Haul Co., Arcoa, Inc., and James Michael Gracey, Fred William Carson v. U-Haul Co., Arcoa, Inc., and James Michael Gracey
Court of Appeals for the Sixth Circuit
Decided December 7, 1970No. 20252, 20253PublishedCited by 17 opinions
1Opinion of the Court
WEICK, Circuit Judge.
This appeal involves a question of conflicts of law as to which state’s statute of limitations should be applied in tort actions that have been transferred from a foreign state, under the provisions of 28 U.S.C. §§ 1404(a) and 1406(a), the transfer having been made upon motion of the plaintiffs.
The District Court, 307 F.Supp. 1086, following its decision in Boughton v. Shoulders, 116 F.Supp. 391 (W.D. Ky. 1953), applied the transferee state’s statute of limitations which barred the action even before it was commenced in the transferor state. The alleged tort had been…
2Cases cited10 opinions
- Van Dusen v. BarrackSupreme Court of the United States · 1964
- Goldlawr, Inc. v. HeimanSupreme Court of the United States · 1962
- Marve A. Dubin v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Mayo Clinic, Edward S. Judd and D. O. Ferris v. Edward KaiserCourt of Appeals for the Eighth Circuit · 1967
- Baron Tube Company, the Partnership of Hyman Baron and Jay Baron and Hyman Baron, Individually v. The Transport Insurance CompanyCourt of Appeals for the Fifth Circuit · 1966
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Roofing & Sheet Metal Services, Inc. v. La Quinta Motor Inns, Inc.Court of Appeals for the Eleventh Circuit · 1982
- Diane C. Martin v. Nelson Stokes T/a Nelson Stokes Garage and Allen R. LisenbyCourt of Appeals for the Sixth Circuit · 1980
- Ellis v. Great Southwestern Corp.Court of Appeals for the Fifth Circuit · 1981
- In Re Air Crash Disaster at Washington, D.C. on January 13, 1982District Court, District of Columbia · 1983
- Lewis v. Smith and Cleo Smith v. Elizabeth Ann PetersCourt of Appeals for the Sixth Circuit · 1973
12 more not listed; retrieve them via the Exa API.