Howard W. Joplin v. Grover Franklin Bias and D. Carrington

JOHN R. BROWN, Circuit Judge:

The District Court in granting summary judgment for Defendant Bias, upheld his entitlement to contested property based upon the five and ten year limitation statutes. We find no impropriety in the District Court’s allowance of an amended answer alleging the limitations defense or in its summary judgment ruling founded solely on supporting affidavits. We affirm the District Court’s finding of competent summary judgment proof and the availability and proper implementation of summary judgment procedure.

This diversity action was initiated on January 6, 1977, by Howard…