Legal Opinion
Rios v. Drennan
District Court, E.D. North Carolina
Decided October 18, 1962No. Civ. No. 862PublishedCited by 6 opinions
1Opinion of the Court
CRAVEN, Chief Judge.
This tort action for wrongful death was filed in the Federal District Court for the Eastern District of North Carolina on the jurisdictional basis of diversity of citizenship and amount. The action was brought under a Louisiana statute, LSA-Civil Code Art. 2315, wherein there is a proviso that “the right of this action shall survive * * * for the space of one year from the death.” Defendants have filed a motion to dismiss on the ground that the one year time limit had expired. The question is whether the procedural law of North Carolina or the Federal Rules of Civil…
2Cases cited14 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
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
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3Cited by6 opinions
- Stokes v. Southeast Hotel Properties, Ltd.District Court, W.D. North Carolina · 1994
- METROPOLITAN LIFE INSURANCE COMPANY v. JordanDistrict Court, W.D. North Carolina · 1963
- Melvin v. Wal-Mart Stores, Inc.District Court, M.D. North Carolina · 2004
- Dorothy R. Cannon v. The Kroger Co.Court of Appeals for the Fourth Circuit · 1988
- Dorothy R. Cannon v. The Kroger Co.Court of Appeals for the Fourth Circuit · 1988
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