Legal Opinion

Mark Barner v. Thompson/Center Arms Co.

Court of Appeals for the Eighth Circuit

Decided August 4, 2015No. 14-2579PublishedCited by 19 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

Mark and Charlotte Barner appeal the district court’s dismissal with prejudice of their claims against Thompson/Center Arms Co., LLC (T/C LLC) for insufficient service of process and against Thompson/Center Arms Co., Inc. (T/C Inc.) for failure to state a claim. The Barners argue that the Arkansas savings statute, Ark.Code Ann. § 16-56-126, applies to their claims against T/C LLC; that they completed timely service in federal court against T/C LLC under 28 U.S.C. § 1448; and that T/C Inc., a corporation that merged with T/C LLC prior to the Bar-ners filing this lawsuit,…

2Cases cited14 opinions

  1. John T. Witherow v. The Firestone Tire & Rubber Company, a CorporationCourt of Appeals for the Third Circuit · 1976
  2. Marilyn M. Marshall v. Mikel WarwickCourt of Appeals for the Eighth Circuit · 1998
  3. Plymouth County, Iowa v. Merscorp, Inc.Court of Appeals for the Eighth Circuit · 2014
  4. Lyons v. Forrest City MacHine Works, Inc.Supreme Court of Arkansas · 1990
  5. McCoy v. MontgomerySupreme Court of Arkansas · 2007

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3Cited by19 opinions

  1. McCoy v. RobertsonCourt of Appeals of Arkansas · 2018
  2. UWM Student Ass'n v. LovellDistrict Court, E.D. Wisconsin · 2017
  3. Noel Michaud v. Sarah DavidsonCourt of Appeals for the Eighth Circuit · 2019
  4. Connolly v. TriWest Healthcare Alliance Corp.District Court, D. Hawaii · 2019
  5. Dunn v. PartainDistrict Court, E.D. Arkansas · 2021

14 more not listed; retrieve them via the Exa API.

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