Legal Opinion
Donald L. Atkins v. Schmutz Manufacturing Company, Incorporated
Court of Appeals for the Fourth Circuit
Decided December 10, 1970No. 11566_1PublishedCited by 60 opinions
1Opinion of the Court
HAYNSWORTH, Chief Judge:
When this troublesome case first came before this court, a divided panel upheld its summary dismissal on the ground that its maintenance was barred by Virginia’s statute of limitation. Treating the law of Virginia as controlling, a majority of the panel held that the running of the statute was not tolled by the filing and pendency of a previous action in the Western District of Kentucky.1
Subsequent reconsideration by the court en banc resulted in a conclusion by a majority of a divided court that equitable considerations partially foreclosed assertion of the bar of the…
2Cases cited33 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Van Dusen v. BarrackSupreme Court of the United States · 1964
28 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Aerojet-General Corp. v. AskewCourt of Appeals for the Fifth Circuit · 1975
- A.I. Trade Finance, Inc. v. Petra International Banking CorporationCourt of Appeals for the D.C. Circuit · 1995
- Eugene A. CEMER, Plaintiff-Appellant, v. MARATHON OIL COMPANY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1978
- Wade v. Danek Medical, Inc.Court of Appeals for the Fourth Circuit · 1999
55 more not listed; retrieve them via the Exa API.