Legal Opinion

Ray and Marilyn Perkins v. Clark Equipment Company, Melrose Division

Court of Appeals for the Eighth Circuit

Decided July 6, 1987No. 86-5455PublishedCited by 70 opinions

1Opinion of the Court

FLOYD R. GIBSON, Senior Circuit Judge.

Ray and Marilyn Perkins appeal from an order of the district court 1 granting Clark Equipment Company’s motion for summary judgment in this product liability case. The district court held that Iowa’s two-year statute of limitations applies and that the Perkinses’ suit was time barred. For the reasons stated below we affirm.

I. BACKGROUND

At all relevant times Ray and Marilyn Perkins were residents of Iowa. On January 5, 1982, while working for the City of Des Moines, Iowa, Ray Perkins fractured his right leg while attempting to mount a model 631 Bob Cat…

2Cases cited9 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Lehman Brothers v. ScheinSupreme Court of the United States · 1974
  3. McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
  4. Shakopee Mdewakanton Sioux Community and Edith Crooks, United States of America, Intervenor Below v. City of Prior Lake, MinnesotaCourt of Appeals for the Eighth Circuit · 1985
  5. Issendorf v. OlsonNorth Dakota Supreme Court · 1972

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3Cited by70 opinions

  1. Thompson v. PaulCourt of Appeals for the Ninth Circuit · 2008
  2. Nieves v. University of Puerto RicoCourt of Appeals for the First Circuit · 1993
  3. Rural Water System 1 v. City of Sioux CenterCourt of Appeals for the Eighth Circuit · 2000
  4. Don M. Davis, as of the Estate of Ethlyn M. Davis, Appellee/cross-Appellant v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1990
  5. Dennis R. Pershern v. Fiatallis North America, Inc., Dennis R. Pershern v. Fiatallis North America, Inc.Court of Appeals for the Eighth Circuit · 1987

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