McGOWAN v. WILLIAMS

No. 79-2541.

623 F.2d 1239 (1980)

James N. McGOWAN, Plaintiff-Appellant, v. David C. WILLIAMS, Gordon E. Herbert, Steve Finney, Yellow Cab Company, a Foreign Corporation, Junis Echols, and Chicago Transit Authority, a Municipal Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 27, 1980.


Attorney(s) appearing for the Case

Michael P. Casey, Chicago, Ill., for plaintiff-appellant.

Thomas P. Sullivan, U. S. Atty., Daniel C. Murray, Asst. U. S. Atty., Chicago, Ill., for defendants-appellees.

Before CUMMINGS, PELL and BAUER, Circuit Judges.


BAUER, Circuit Judge.

This tort suit was filed in state court and later removed by the United States Attorney to federal court under the provisions of the Federal Drivers Act, 28 U.S.C. § 2679(b-e). The issue here is whether the suit is time-barred because removal occurred after the applicable statute of limitations had run. We hold that the suit was timely because it was initially filed within the limitations period even though that filing occurred in state...

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