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ATKINS v. SCHMUTZ MANUFACTURING CO.

No. 16815.

372 F.2d 762 (1967)

Donald L. ATKINS, Plaintiff-Appellant, v. SCHMUTZ MANUFACTURING CO., Inc., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

February 16, 1967.

Attorney(s) appearing for the Case

Charles A. Williams, Paducah, Ky., George E. Allen, Jr., Allen, Allen, Allen & Allen, Richmond, Va., David F. Guthrie, Jr., Halifax, Va., on brief, for appellant.

John P. Sandidge, Louisville, Ky., Robert P. Hobson, Woodward, Hobson & Fulton, Louisville, Ky., on brief, for appellee.

Before WEICK, Chief Judge, and PHILLIPS and PECK, Circuit Judges.

HARRY PHILLIPS, Circuit Judge.

This case presents the issue of whether the one-year Kentucky statute of limitations or the Virginia two-year statute applies to a complaint filed in a Kentucky federal court when the tort occurred in Virginia.

Appellant was injured June 22, 1961, while working in Virginia, by a machine manufactured by appellee which was shipped to Virginia. Appellee was not amenable to service of process...

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