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HELLEBRAND v. HOCTOR

No. 17494.

331 F.2d 453 (1964)

Peter J. HELLEBRAND, Appellant, v. Emmett F. HOCTOR, Appellee.

United States Court of Appeals Eighth Circuit.

May 12, 1964.

Attorney(s) appearing for the Case

Forrest Boecker, St. Louis, Mo., made argument for the appellant and filed brief.

Adolph K. Schwartz, St. Louis, Mo., made argument for the appellee and filed brief with Taylor Smith, Jr., Farmington, Mo., Thomas F. Eagleton, Atty. Gen. of Missouri, Jefferson City, Mo., and Clyde Burch, Asst. Atty. Gen. of Missouri, Jefferson City, Mo.

Before VAN OOSTERHOUT, RIDGE and MEHAFFY, Circuit Judges.

RIDGE, Circuit Judge.

This appeal arises from the District Court's dismissal of appellant's (plaintiff's) complaint,1 without prejudice, on the ground that on its face the cause of action therein stated was barred by applicable Missouri Statute of Limitations. Plaintiff was given leave to, but did not, amend his complaint. Rather, he asks this Court to declare that his complaint, as originally filed, did plead facts sufficient to state...

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