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HORN v. BURNS AND ROE

No. 75-1588.

536 F.2d 251 (1976)

Henry Warren HORN, Appellant, v. BURNS AND ROE, a corporation, and Stearns-Roger, a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 4, 1976.

Attorney(s) appearing for the Case

August Ross, Omaha, Neb., for appellant; Robert E. O'Connor, Omaha, Neb. and Russell N. Cranmer, Wichita, Kan. on the brief.

Robert T. Grimit, Lincoln, Neb., for Burns and Roe.

John R. Douglas, Omaha, Neb., for Stearns-Roger.

Before HEANEY, BRIGHT and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

In this appeal, Henry Horn challenges the constitutionality of the Nebraska statute1 which limits the time for commencing actions based on "professional negligence" and as a result of which his claim for personal injuries against Burns & Roe, Inc. and Stearns-Roger Corporation was dismissed on motion as time barred under Nebraska law.2<...

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