Legal Opinion
Lewis v. Smith and Cleo Smith v. Elizabeth Ann Peters
Court of Appeals for the Sixth Circuit
Decided August 7, 1973No. 72-1746PublishedCited by 27 opinions
1Opinion of the Court
WEICK, Circuit Judge.
This appeal presents the question whether federal courts are required to apply the Federal Rule of Civil Procedure (Rule 3) or a state statute which conflicts therewith, to determine the issue as to when an action is commenced in the federal courts.
The question arose in an action for damages in excess of $10,000, for personal injuries resulting from an automobile accident which occurred in Kentucky on May 3, 1970. The action was filed on April 23, 1971, by the plaintiffs against the defendant, in the United States District Court for the Eastern Distl’ict of Michigan.…
2Cases cited11 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Goldlawr, Inc. v. HeimanSupreme Court of the United States · 1962
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Michael Lindsey v. Dayton-Hudson Corporation, D/B/A Target Stores, a Minnesota CorporationCourt of Appeals for the Tenth Circuit · 1979
- James Corke v. Sameiet M. S. Song of Norway, Royal Caribbean Cruise Line A/s Royal Caribbean Cruise Line, Inc., and Per Oslebye, M.D.Court of Appeals for the Second Circuit · 1978
- Ellis v. Great Southwestern Corp.Court of Appeals for the Fifth Circuit · 1981
- Ingram v. KumarCourt of Appeals for the Second Circuit · 1978
22 more not listed; retrieve them via the Exa API.