Goepfert v. City of Beach

WOODROUGH, Circuit Judge.

On the former appeal of this case this court considered the pleadings, the evidence and the findings and conclusions of the trial court and rendered its opinion (147 F.2d 480, 483) declaring that the cause of action asserted against the City by the plaintiff (holder of special improvement warrants issued by the City) was barred by the North Dakota six-year statute of limitations. We pointed out that the plaintiff’s action was not to establish or enforce any liability on the special im*744provement assessments or funds out of which the plaintiff’s warrants are payable by…