Legal Opinion

Edmund Maher and Zelora Maher v. Cities Service Pipe Line Company, a Corporation

Court of Appeals for the Tenth Circuit

Decided December 23, 1960No. 6412_1PublishedCited by 10 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

In this diversity action the appellants-plaintiffs appeal from a judgment entered upon a directed verdict in favor of appellee-defendant, Cities Service Pipe Line Company. The action was to recover damages for injury to real estate allegedly caused by oil leakage from a pipeline and by misconduct in removing and replacing a pipeline. The trial court held that the action was barred by the two-year Kansas statute of limitations. 1

The first difficulty in this ease is confusion as to the issues. The simple complaint includes “a short and plain statement of the claim”…

2Cases cited7 opinions

  1. Bertha Building Corporation v. National Theatres Corporation, Gumbiner Theatrical Enterprises, Inc. v. National Theatres CorporationCourt of Appeals for the Second Circuit · 1957
  2. McDaniel v. City of CherryvaleSupreme Court of Kansas · 1913
  3. Lackey v. Prairie Oil & Gas Co.Supreme Court of Kansas · 1931
  4. Fulmer v. Skelly Oil Co.Supreme Court of Kansas · 1936
  5. Grimm v. Cooperative Electric Power & Light Co.Supreme Court of Kansas · 1954

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Davis v. Cities Service Oil Co.Court of Appeals for the Tenth Circuit · 1970
  2. Farmers And Merchants Mutual Fire Insurance Company v. Calvin PulliamCourt of Appeals for the Third Circuit · 1973
  3. Albert Korgel and Margaret Korgel v. United StatesCourt of Appeals for the Eighth Circuit · 1980
  4. The First National Bank of Fort Smith, Arkansas v. H. E. Mattingly, D/B/A Sanitary Plumbing CompanyCourt of Appeals for the First Circuit · 1962
  5. Farmers & Merchants Mutual Fire Insurance v. PulliamCourt of Appeals for the Tenth Circuit · 1973

5 more not listed; retrieve them via the Exa API.

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