Legal Opinion
Choate v. United States
District Court, W.D. Oklahoma
Decided September 18, 1964No. Civ. No. 9971PublishedCited by 14 opinions
1Opinion of the Court
DAUGHERTY, District Judge.
This matter is before the Court on the motion of the third party defendant ITT Kellogg to dismiss the third party complaint of the United States on the grounds that it fails to state a claim and that it is barred by the statute of limitations. Both sides have filed their respective briefs and the matter is now ready for disposition.
The principal complaint of the primary plaintiff Choate involves basically an allegation citing negligence on the part of the defendant United States (third party *464plaintiff) for failure to have a trench on its easement properly filled.…
2Cases cited2 opinions
- Peak Drilling Co. v. Halliburton Oil Well Cementing Co.Court of Appeals for the Tenth Circuit · 1954
- Silvesky v. Greyhound Corp.District Court, E.D. New York · 1959
3Cited by14 opinions
- Valley Circle Estates v. VTN Consolidated, Inc.California Supreme Court · 1983
- Rieser v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1978
- State Highway Commission v. BourneWyoming Supreme Court · 1967
- First General Services of Charleston, Inc. v. Servicemaster, Inc.Supreme Court of South Carolina · 1994
- Powell, Inc. v. AbneyDistrict Court, S.D. Texas · 1979
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