Legal Opinion
Donald L. Atkins v. Schmutz Manufacturing Co., Inc.
Court of Appeals for the Sixth Circuit
Decided February 16, 1967No. 16815_1PublishedCited by 16 opinions
1Opinion of the Court
HARRY PHILLIPS, Circuit Judge.
This case presents the issue of whether the one-year Kentucky statute of limitations or the Virginia two-year statute applies to a complaint filed in a Kentucky federal court when the tort occurred in Virginia.
Appellant was injured June 22, 1961, while working in Virginia, by a machine manufactured by appellee which was shipped to Virginia. Appellee was not amenable to service of process in Virginia. The complaint was filed in Kentucky June 19, 1963, more than one year after appellant’s injury and less than two years after the accident out of which the action…
2Cases cited20 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Palmer v. HoffmanSupreme Court of the United States · 1943
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
- Miller v. DavisCourt of Appeals for the Sixth Circuit · 1974
- Donald L. Atkins v. Schmutz Manufacturing Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1970
- Consolidated Rail Corporation v. Wayne L. YashinskyCourt of Appeals for the Sixth Circuit · 1999
- Bowden v. City of FranklinCourt of Appeals for the Sixth Circuit · 2001
11 more not listed; retrieve them via the Exa API.