MYERS v. ALVEY-FERGUSON COMPANY

No. 15351.

326 F.2d 590 (1964)

Gloria E. MYERS, Administratrix of the Estate of Fred Myers, Deceased, Plaintiff-Appellant, v. ALVEY-FERGUSON COMPANY, Werner Associates and Oliver E. Werner, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

January 27, 1964.


Attorney(s) appearing for the Case

Otto F. Putnick, Cincinnati, Ohio, Richard C. Curry, Cincinnati, Ohio, on brief, for appellant.

Ralph F. Mitchell, Cincinnati, Ohio, Rendigs, Fry, Kiely & Dennis, by William H. Fry, Cincinnati, Ohio, on brief, for Alvey-Ferguson Co.

Edwin J. Dreibelbis, Cincinnati, Ohio, Brumleve, DeCamp & Wood, Cincinnati, Ohio, on brief, for Werner Associates and Oliver E. Werner.

Before McALLISTER, Senior Circuit Judge, and BOYD and WILSON, District Judges.


PER CURIAM.

This is an appeal from a judgment dismissing the complaint herein on the ground that the cause of action was barred by the statute of limitations. Appellant's decedent was fatally injured in an accident occurring in Washington, D. C., on September 15, 1960. As a result of her husband's death, appellant filed suit within one year of the accident in the United States District Court for the District of Columbia. The complaint in that suit was dismissed by...

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