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SMITH v. PETERS

No. 72-1746.

482 F.2d 799 (1973)

Lewis V. SMITH and Cleo Smith, Plaintiffs-Appellants, v. Elizabeth Ann PETERS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 7, 1973.

Attorney(s) appearing for the Case

Stephen G. Danko, Southgate, Mich., for plaintiffs-appellants; D'Avanzo & Danko, Southgate, Mich., on brief.

Boyd F. Taylor, London, Ky., for defendant-appellee; Hamm, Taylor, Milby & Farmer, London, Ky., on brief.

Before WEICK, EDWARDS and McCREE, Circuit Judges.

WEICK, Circuit Judge.

This appeal presents the question whether federal courts are required to apply the Federal Rule of Civil Procedure (Rule 3) or a state statute which conflicts therewith, to determine the issue as to when an action is commenced in the federal courts.

The question arose in an action for damages in excess of $10,000, for personal injuries resulting from an automobile accident which occurred in Kentucky on May 3, 1970. The action was filed...

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