Legal Opinion

Bottemueller v. Wilson & Co.

District Court, W.D. Missouri

Decided October 14, 1944No. 1757PublishedCited by 5 opinions

1Opinion of the Court

REEVES, District Judge.

The defendant seeks a summary judgment under Rule 56(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. .This rule provides that: “A party against whom a claim * * * is asserted * * * may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.”

It is the contention of the defendant that the action is barred by limitation for the reason that the suit is upon a liability created by statute and that under the law of the State of Kansas, where the obligation originated, the limitation…

2Cases cited3 opinions

  1. Fidelity & Deposit Co. of Maryland v. LindholmCourt of Appeals for the Ninth Circuit · 1933
  2. Liebing v. Mutual Life InsuranceSupreme Court of Missouri · 1917
  3. New v. Denison Clay Co.Court of Appeals for the Eighth Circuit · 1919

3Cited by5 opinions

  1. Keen v. Mid-Continent Petroleum CorporationDistrict Court, N.D. Iowa · 1945
  2. Gardner v. Basich Bros. Construction Co.California Supreme Court · 1955
  3. Bowser & Campbell v. Knox Glass, Inc.Court of Appeals for the Third Circuit · 1968
  4. Diebold Contract Services, Inc. v. Morgan Drive Away, Inc.New Mexico Court of Appeals · 1980
  5. Bowser And Campbell v. Knox Glass, Inc.Court of Appeals for the Third Circuit · 1968

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