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PRASHAR v. VOLKSWAGEN OF AMERICA, INC.

Nos. 72-1625, 72-1670.

480 F.2d 947 (1973)

Paul D. PRASHAR and Darlene Prashar, Appellants, v. VOLKSWAGEN OF AMERICA, INC., a corporation, and Import Motors of Chicago, Inc., a corporation, Appellees. VOLKSWAGENWERK AKTIENGESELLSCHAFT, a corporation, also known as Volkswagenwerk, G.m.B.H., Appellant, v. Paul D. PRASHAR and Darlene Prashar, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 27, 1973.

Rehearings Denied July 19, 1973.

Attorney(s) appearing for the Case

Timothy J. Nimick, Sioux Falls, S. D., for Prashar and others.

George J. Danforth, Jr., Sioux Falls, S. D., for Volkswagen.

Harold C. Doyle, Sioux Falls, S. D., for Import Motors.

Before LAY and STEPHENSON, Circuit Judges, and TALBOT SMITH, Senior District Judge.

LAY, Circuit Judge.

This is a diversity of citizenship case arising in the State of South Dakota. Both appeals revolve around the same basic question — whether compliance with Rule 3 of the Federal Rules of Civil Procedure constitutes "commencement of an action" sufficient to toll the South Dakota statute of limitations. Plaintiffs brought an action to recover for personal injuries incurred on October 5, 1968, while operating a Volkswagen on a South Dakota...

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