Legal Opinion
Willie McCurry v. Marvin Allen and Steven Jacobsmeyer
Court of Appeals for the Eighth Circuit
Decided September 17, 1982No. 82-1003PublishedCited by 26 opinions
1Opinion of the Court
ARNOLD, Circuit Judge.
Willie McCurry brings this appeal from the District’s Court’s 1 order, dismissing his amended complaint as to certain newly named defendants on the ground of limitations. He also appeals from a judgment on a counterclaim against him. Because the District Court did not make sufficient factual findings to determine whether the amended complaint naming the new defendants might relate back to the date of the original complaint, as permitted by Fed.R.Civ.P. 15(c), we vacate the District Court’s order and remand for an evidentiary hearing. The judgment on the counterclaim is…
2Cases cited19 opinions
- Rizzo v. GoodeSupreme Court of the United States · 1976
- Allen v. McCurrySupreme Court of the United States · 1980
- James Wood, Cross v. Allen Worachek, CrossCourt of Appeals for the Seventh Circuit · 1980
- Francisco Hernandez Jimenez v. Astol Calero ToledoCourt of Appeals for the First Circuit · 1979
- St. Regis Paper Co. v. United StatesSupreme Court of the United States · 1961
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Zina Butler v. Housing Auth. County of LaCourt of Appeals for the Ninth Circuit · 2014
- Duncan v. ClementsCourt of Appeals for the Eighth Circuit · 1984
- Johnson v. Bechtel Associates Professional Corp.Court of Appeals for the D.C. Circuit · 1983
- Nestor Ayala Serrano v. Jorge L. Collazo TorresCourt of Appeals for the First Circuit · 1985
- Chandler v. Presiding JudgeCourt of Appeals for the Eighth Circuit · 1988
21 more not listed; retrieve them via the Exa API.