GONZALEZ v. PACIFIC FRUIT EXPRESS CO.

No. 912.

99 F.Supp. 1012 (1951)

GONZALEZ v. PACIFIC FRUIT EXPRESS CO.

United States District Court D. Nevada.

September 7, 1951.


Attorney(s) appearing for the Case

Ryan & Ryan, William E. Barden, and Robert J. Smith, all of San Francisco, Cal., J. T. Rutherford, Reno, Nev., for plaintiff.

R. Mitchell S. Boyd, and Dunne, Dunne & Phelps, all of San Francisco, Cal., John S. Belford, Reno, Nev., for defendant.


FOLEY, District Judge.

Defendant moves to dismiss upon the ground that the cause of action, if any, alleged in plaintiff's complaint, accrued more than three years prior to the commencement of this action and is, therefore, barred by the Nevada statute of limitations, § 8524, 1929 N.C.L., "* * * Within three years: 1. An action upon a liability created by statute, other than a penalty or forfeiture. * * *"

At the hearing of this motion, counsel for defendant...

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