Legal Opinion
Eastburn v. Ford Motor Co.
Court of Appeals for the Fifth Circuit
Decided February 3, 1971No. 29865PublishedCited by 2 opinions
1Opinion of the Court
JOHN. R. BROWN, Chief Judge:
The Florida question in this diversity case is whether the applicable statute of limitations in a products liability case is *126the three-year statute1 for contract cases or is the four-year period for those cases not otherwise “specifically provided for”.2
The District Judge apparently reasoned that Florida concepts of strict liability in consumer cases are related to warranties — normally a branch of contracts — and held for the three-year period (note 1, supra) as is required in a “contract case.” We reverse because we are Sne-bound by a Florida case that now…
2Cases cited6 opinions
- United States v. SeckingerSupreme Court of the United States · 1970
- Creviston v. General Motors CorporationSupreme Court of Florida · 1969
- United States v. M. O. Seckinger, Jr., T/a M. O. Seckinger CompanyCourt of Appeals for the Fifth Circuit · 1969
- Miami Parts & Spring, Inc. v. Champion Spark Plug CompanyCourt of Appeals for the Fifth Circuit · 1966
- Barfield v. United States Rubber CompanyDistrict Court of Appeal of Florida · 1970
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mississippi Power Company v. Joseph Roubicek and Mallory Pierce, D/B/A Associated EngineersCourt of Appeals for the Fifth Circuit · 1972
- Eastburn v. Ford Motor CompanyCourt of Appeals for the Fifth Circuit · 1971