Legal Opinion

U.S. Neurosurgical, Inc. v. St. Luke's Cancer Institute, L.L.C.

Missouri Court of Appeals

Decided November 2, 2010No. WD 71348PublishedCited by 2 opinions

1Opinion of the Court

LISA WHITE HARDWICK, Chief Judge.

This appeal arises from a summary judgment ruling that U.S. Neurological, Inc.’s (“USN”) breach of contract claim against St. Luke’s Hospital (“Hospital”) is barred by the four-year statute of limitations in Section 400.2A-506. 1 The sole issue on appeal is whether the circuit court applied the correct statute of limitations. USN contends that the contract between the parties was a service agreement, to which a ten-year statute of limitations applies, and not an equipment lease, to which the four-year limitations period applies. For reasons explained herein,…

2Cases cited3 opinions

  1. Frances M. Bonebrake, Administratrix De Bonis Non of the Estate of Woodrow B. Simek, Deceased v. Donald Cox and Claude Cox, D/B/A Tamarack BowlCourt of Appeals for the Eighth Circuit · 1974
  2. Central District Alarm, Inc. v. Hal-Tuc, Inc.Missouri Court of Appeals · 1994
  3. Huber v. Wells Fargo Home Mortgage, Inc.Supreme Court of Missouri · 2008

3Cited by2 opinions

  1. KC Processing Company, LLC v. Ian Marshall, et al.District Court, W.D. Missouri · 2026
  2. TODD BUSQUE, Plaintiff-Respondent v. HALSTON HECKMissouri Court of Appeals · 2019

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