Legal Opinion

Larry K. Billings v. Chicago, Rock Island and Pacific Railroad Company, a Corporation

Court of Appeals for the Eighth Circuit

Decided August 3, 1978No. 77-1711PublishedCited by 16 opinions

1Opinion of the Court

STEPHENSON, Circuit Judge.

Larry K. Billings appeals from an order of the district court 1 granting defendant-appellee Chicago, Rock Island and Pacific Railroad’s (Rock Island) motion to dismiss. The court, treating the Rock Island’s motion as a motion for summary judgment, granted the motion on the ground that Billings’ action based on the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51, et seq., was barred by the three-year statute of limitations, 45 U.S.C. § 56, governing such actions. 2 The sole issue before this court is whether the statute of limitations was tolled by the filing…

2Cases cited15 opinions

  1. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  2. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
  3. Burnett v. New York Central RailroadSupreme Court of the United States · 1965
  4. Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
  5. Reading Co. v. KoonsSupreme Court of the United States · 1926

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3Cited by16 opinions

  1. Donald D. Fletcher v. Union Pacific Railroad Company, a CorporationCourt of Appeals for the Eighth Circuit · 1980
  2. Hosogai v. KadotaArizona Supreme Court · 1985
  3. H. Jack Frandsen v. Brotherhood Of Railway, Airline And Steamship Clerks, Freight Handlers, Express And Station EmployeesCourt of Appeals for the Seventh Circuit · 1986
  4. Abbott v. StateAlaska Supreme Court · 1999
  5. Palatine National Bank of Palatine v. Strom (In Re Strom)United States Bankruptcy Court, D. Minnesota · 1989

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