Butler v. Poffinberger

MAXWELL, Chief Judge.

The above styled case is presently before the Court on consideration of defendant Poffinberger’s motion for leave to assert a counterclaim by amendment, under Rule 13(f) of the Federal Rules of Civil Procedure. Plaintiff, Vance K. Butler, Jr., resists the motion because the two year West Virginia statute of limitations has expired. W.Va. Code § 55-2-12 (Michie 1966). Plaintiff contends that Rule 15(c) of the Federal Rules of Civil Procedure, governing the relation back of amendments, does not apply to omitted counterclaims established by amendment.

The general factual…