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HORTON v. JESSIE

No. 23129.

423 F.2d 722 (1970)

Floyd and Genevieve HORTON, Appellants, v. Frans P. JESSIE, Appellee.

United States Court of Appeals, Ninth Circuit.

February 6, 1970.

Attorney(s) appearing for the Case

Nathaniel J. Friedman (argued), Los Angeles, Cal., for appellants.

James R. Mead (argued), of Parker, Stanbury, McGee, Peckham & Garrett, Los Angeles, Cal., for appellee.

Before CHAMBERS and WRIGHT, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM:

The parties were involved in a California automobile accident. Plaintiffs are citizens of Missouri and defendant is a citizen of California. California has a one year statute of limitations and Missouri has a five year statute. The district court has held the California statute applicable and rendered judgment for the defendant.

There is a good argument that the statute was tolled for 13 or 14 months, but thereafter there was a period of approximately...

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