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HEMINGWAY v. SHULL

Civ. A. No. 67-811.

286 F.Supp. 243 (1968)

C. E. HEMINGWAY, Administrator DBN of the Estate of J. Herman Bruorton, Deceased, Plaintiff, v. D. L. SHULL, Administrator DBN of the Estate of William James Green, Sr., Deceased, Defendant.

United States District Court D. South Carolina, Columbia Division.

June 27, 1968.

Attorney(s) appearing for the Case

J. Carlisle Oxner, Jr., Columbia, S. C., for plaintiff.

R. Bruce Shaw and Charles N. Plowden, Jr., of Nelson, Mullins, Grier & Scarborough, Columbia, S. C., for defendant.

ORDER

HEMPHILL, District Judge.

Defendant moves to dismiss1 this wrongful death action on the grounds that it was not commenced within the six-year period of the applicable South Carolina Statute of Limitations.2 According to the complaint plaintiff's intestate, the late J. Herman Bruorton, was killed on May 26, 1957. Plaintiff insists that the action is not barred because of the provisions of Section...

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