Legal Opinion
Lumbermens Mut. Casualty Co. v. Dodge City Cement Products Co.
District Court, D. Kansas
Decided February 15, 1950No. 3398PublishedCited by 1 opinion
1Opinion of the Court
MELLOTT, Chief Judge.
The present issue, raised by a motion to dismiss, is whether the action is barred by the Kansas statute of limitations. Diversity of citizenship exists, the amount in controversy exceeds $3,000, exclusive of interest and costs, and this court has jurisdiction.1
The second and third subdivisions of the applicable section, shown in the margin,2 must be examined. If the action is “upon a liability created by statute” the motion should be denied.
*644Complaint was filed herein November 23, 1948; but no process was issued. Amended complaint was filed December 20, 1948 and service…
2Cases cited12 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- Northern Pacific Railway Co. v. MeeseSupreme Court of the United States · 1916
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3Cited by1 opinion
- Miller v. Broce-O'Dell Concrete Products, Inc.Supreme Court of Kansas · 1957