Legal Opinion
Jimmy P. Davis, as of the Estate of Dallas D. Hardy, Jr., Deceased v. Piper Aircraft Corporation
Court of Appeals for the Fourth Circuit
Decided January 2, 1980No. 77-2478PublishedCited by 391 opinions
1Opinion of the Court
JAMES DICKSON PHILLIPS, Circuit Judge:
In this wrongful death diversity case plaintiff, as executor by Alabama appointment of an Alabama decedent’s estate, timely filed a complaint in the United States District Court for the Western District of North Carolina, then sought leave to amend his complaint to allege his capacity as ancillary administrator by North Carolina appointment made after the statute of limitations had run. The district court denied leave to amend and, on defendant’s motion, dismissed the action for plaintiff’s lack of capacity under North Carolina law.1 *609We reverse and remand…
2Cases cited28 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Hanna v. PlumerSupreme Court of the United States · 1965
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
23 more not listed; retrieve them via the Exa API.
3Cited by391 opinions
- Stan Laber v. Francis J. Harvey, Secretary of the ArmyCourt of Appeals for the Fourth Circuit · 2006
- Johnson v. Oroweat Foods Co.Court of Appeals for the Fourth Circuit · 1986
- Paul Moore v. City of Paducah Mayor John Penrod Joe Viterisi, Harold Ford, Robert Coleman, and Joe Flynn, Commissioners Robert E. GreenCourt of Appeals for the Sixth Circuit · 1986
- Miles Tefft v. James Seward, A/K/A Jessie SewardCourt of Appeals for the Sixth Circuit · 1982
- Norris Shealy v. Honorable William L. Winston Honorable Thomas R. Monroe, Honorable Joseph C. GwaltneyCourt of Appeals for the Fourth Circuit · 1991
386 more not listed; retrieve them via the Exa API.