Legal Opinion
Kennedy Tank & Mfg. Co., Inc., and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert International
Indiana Court of Appeals
Decided April 22, 2016No. 49A02-1507-CT-934PublishedCited by 1 opinion
1Opinion of the Court
MAY, Judge.
[1] Kennedy Tank and Manufacturing Company appeals the denial of its motion to dismiss a lawsuit Emmert International brought against Kennedy. The Indiana statute of limitation on which the trial court appears to have relied1 is preempted by a federal statute establishing a shorter limitations period. As Emmert did not bring its lawsuit within that period, Kennedy’s motion should have been granted, and we must therefore reverse.2
Facts and Procedural History
[2] In April 2011, Kennedy hired Em-mert International to transport a piece of *507commercial equipment 280 feet long and weighing…
Also in this document: Concurrence.
2Cases cited19 opinions
- Department of Housing and Urban Development v. RuckerSupreme Court of the United States · 2002
- Verizon Communications Inc. v. Federal Communications CommissionSupreme Court of the United States · 2002
- GKN Co. v. MagnessIndiana Supreme Court · 2001
- Southern Pacific Transportation Co. v. Commercial Metals Co.Supreme Court of the United States · 1982
- Loomis v. Ameritech Corp.Indiana Court of Appeals · 2002
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