Vorbeck v. Whaley

MEMORANDUM

MEREDITH, District Judge.

This matter is now before the Court on plaintiff’s motion to reconsider the order and memorandum of this Court dismissing plaintiff’s complaint on the basis of the applicable Missouri statute of limitations. That motion is granted.

It appears that plaintiff’s complaint is maintainable under R.S.Mo. § 516.120, which provides a five year period within which actions may be brought upon a liability created by a statute other than a penalty or forfeiture. Plaintiff’s complaint, which does not seek a monetary judgment, is thus timely made. Peterson v. Fink, 515…