Peter J. Hellebrand v. Emmett F. Hoctor

RIDGE, Circuit Judge.

This appeal arises from the District Cpurt’s dismissal of appellant’s (plaintiff’s) complaint, 1 without prejudice, on the ground that on its face the cause of action therein stated was barred by applicable Missouri Statute of Limitations. Plaintiff was given leave to, but did not, amend his complaint. Rather, he asks this Court to declare that his complaint, as originally filed, did plead facts sufficient to state a cause of action under applicable Missouri law.

The complaint was filed on April 18, 1963, in the District Court for the Eastern District of Missouri. It…