FUTRALL v. BARTEE

No. 4.

28 F.Supp. 495 (1939)

FUTRALL v. BARTEE et al.

District Court, W. D. Arkansas, El Dorado Division.

July 22, 1939.


Attorney(s) appearing for the Case

L. W. Bower, of Camden, Ark., for plaintiff.

Gaughan, McClellan & Gaughan, of Camden, Ark., for defendant H. L. Berg.

W. M. Powell, of Camden, Ark., for defendant J. S. Bartee, trustee.


RAGON, District Judge.

The parties to the above entitled action have stipulated that this suit was filed and summons issued more than three years, and less than five years, from the due date of the assessment by the Comptroller, of the stock liability alleged to exist in plaintiff's petition. The court is called upon to determine whether the three year or five year statute of limitations in Arkansas (Pope's Dig.Ark. §§ 8928, 8933) applies to this cause of...

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