RUSSELL v. NEW AMSTERDAM CASUALTY COMPANY

No. 16692.

303 F.2d 674 (1962)

Shirley M. RUSSELL, Appellant, v. NEW AMSTERDAM CASUALTY COMPANY and Consumers Public Power District, Appellees.

United States Court of Appeals Eighth Circuit.

May 31, 1962.


Attorney(s) appearing for the Case

Charles E. Kirchner, Omaha, Neb., made argument for the appellant and filed brief.

John E. Dougherty, York, Neb., made argument for the appellee and filed brief.

Before JOHNSEN, Chief Judge, and WOODROUGH and MATTHES, Circuit Judges.


MATTHES, Circuit Judge.

The basic question for determination on this appeal is whether the trial court, upon motion interposed by one of the defendants, properly dismissed plaintiff's cause of action and refused to permit an amendment to the original complaint. The issue presents for our consideration the Nebraska statute of limitations controlling wrongful death actions; the effect of failure of the original complaint, filed...

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