Legal Opinion
Walker v. Armco Steel Corp.
Supreme Court of the United States
Decided June 2, 1980No. 78-1862PublishedCited by 828 opinions
1Opinion of the CourtJustice Marshall
This case presents the issue whether in a diversity action the federal court should follow state law or, alternatively, Rule 3 of the Federal Rules of Civil Procedure in determining when an action is commenced for the purpose of tolling the state statute of limitations.
I
According to the allegations of the complaint, petitioner, a carpenter, was injured on August 22, 1975, in Oklahoma City, Okla., while pounding a Sheffield nail into a cement wall. Respondent was the manufacturer of the nail. Petitioner claimed that the nail contained a defect which caused its head to shatter and strike him in…
2Cases cited27 opinions
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- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
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3Cited by828 opinions
- Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
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- Semtek International Inc. v. Lockheed Martin Corp.Supreme Court of the United States · 2001
- Robin Chamberlain v. Vincent C. Giampapa, M.D., Individually and Dba Plastic Surgery Center InternationaleCourt of Appeals for the Third Circuit · 2000
- Vess v. Ciba-Geigy Corp. USACourt of Appeals for the Ninth Circuit · 2003
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