Whistler v. United States

ESCHBACH, District Judge.

This matter is now before the court on the defendant’s motion, filed December 14, 1965, to dismiss, for summary judgment, or, in the alternative, to remand the case to the state court. The motions must be denied.

This case was originally brought in the state court by the plaintiff against Kenneth Leroy Larson by a complaint filed on February 16, 1965, seeking recovery for damages alleged to have been caused by an accident on February 27, 1963, slightly less than two years before the filing of the complaint. On March 8, 1965, counsel for the then-defendant Larson…