Legal Opinion
McGowan v. Williams
Court of Appeals for the Seventh Circuit
Decided June 27, 1980No. 79-2541PublishedCited by 27 opinions
1Opinion of the Court
BAUER, Circuit Judge.
This tort suit was filed in state court and later removed by the United States Attorney to federal court under the provisions of the Federal Drivers Act, 28 U.S.C. § 2679(b)-(e). The issue here is whether the suit is time-barred because removal occurred after the applicable statute of limitations had run. We hold that the suit was timely because it was initially filed within the limitations period even though that filing occurred in state court. We therefore reverse the judgment of the district court.
I
On January 12, 1977, plaintiff-appellant James N. McGowan was allegedly…
2Cases cited12 opinions
- Feaster v. United StatesSupreme Court of the United States · 1969
- Jack Steele v. United StatesCourt of Appeals for the Seventh Circuit · 1979
- Sammy J. Vantrease v. United StatesCourt of Appeals for the Sixth Circuit · 1968
- Joan Laverne Henderson, Omarie Henderson, Sharon Marie Hass, and James F. Henderson v. United StatesCourt of Appeals for the Tenth Circuit · 1970
- John C. Van Houten v. Ray Arthur Ralls and Gerald L. ByingtonCourt of Appeals for the Ninth Circuit · 1969
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Janet H. McHugh v. University of Vermont Christopher Wheeler James P. Alexander and United States of America (u.s. Army), Christopher WheelerCourt of Appeals for the Second Circuit · 1992
- Alton J. Houston, Cross-Appellant v. United States Postal Service, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1987
- Gould ex rel. Gould v. U.S. Deparment of Health & Human ServicesCourt of Appeals for the Fourth Circuit · 1990
- Theresa H. Wood v. United States of America, Charles D. Owens, Theresa H. Wood v. United StatesCourt of Appeals for the First Circuit · 1993
- Tilden R. Wilkinson v. United StatesCourt of Appeals for the Fourth Circuit · 1982
22 more not listed; retrieve them via the Exa API.