U.S. Court of Appeals for the Ninth Circuit, 1970

Floyd and Genevieve Horton v. Frans P. Jessie

U.S. Court of Appeals for the Ninth Circuit · Decided February 6, 1970 · Chambers, Wright, Solomon

423 F.2d 722 (Federal Reporter, Second Series)

Counsel

Nathaniel J. Friedman (argued), Los Angeles, Cal., for appellants., James R. Mead (argued), of Parker, Stanbury, McGee, Peckham & Garrett, Los Angeles, Cal., for appellee.

Cases that cite this one

6 later published cases cite this decision.

Kalmich v. Bruno (District Court, N.D. Illinois 1975)
Frieda Klingebiel and Henry Klingebiel v. Lockheed Aircraft Corporation, a California Corporation (9th Cir. 1974)
Klingebiel v. Lockheed Aircraft Corporation (United States District Court for the Northern District of California 1971)
Maria Cardwell Tomlin, and Christine Williams Harrell v. The Boeing Company (9th Cir. 1981)
Schreiber v. Allis-Chalmers Corp. (District Court, D. Kansas 1978)
Walter W. Wright v. Fireman's Fund Insurance Company (5th Cir. 1975)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

The parties were involved in a California automobile accident. Plaintiffs are citizens of Missouri and defendant is a citizen of California. California has a one year statute of limitations and Missouri has a five year statute. The district court has held the California statute applicable and rendered judgment for the defendant.

There is a good argument that the statute was tolled for 13 or 14 months, but thereafter there was a period of approximately 15 months until the suit was filed in California.

Under the California significant contacts approach, we find too little Missouri significant contacts and too many in California to apply the Missouri statute.

We find the laches point of appellant without merit.

Judgment affirmed.

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