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SCORZA v. DEATHERAGE

No. 1180.

110 F.Supp. 251 (1953)

SCORZA et al. v. DEATHERAGE et al.

United States District Court S. D. Missouri, W. D.

February 18, 1953.

Attorney(s) appearing for the Case

James H. Keet and B. H. Clampett, Springfield, Mo., for plaintiffs.

Harold T. Lincoln, Wallace N. Springer, Jr., Lincoln, Lincoln, Haseltine & Forehand, Springfield, Mo., for defendants.

REEVES, Chief Judge.

This is a death case. The decedent died on November 6, 1951. An action for his death was commenced on the 15th day of January, 1953.

Section 537.100, RSMo 1949, V.A.M.S. provides that actions of this kind "shall be commenced within one year after the cause of action shall accrue". The cause of action accrued on November 6, 1951, and, as stated, suit was not commenced until January 15, 1953. The plaintiff relies on that portion of said...

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