KING v. OTASCO, INC.

No. 87-4773.

861 F.2d 438 (1988)

Larry G. KING, Plaintiff-Appellant, v. OTASCO, INCORPORATED, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 6, 1988.


Attorney(s) appearing for the Case

Harris Bell Williams, Pascagoula, Miss., J.K. Morett, Morett and Thorne, Tupelo, Miss., for plaintiff-appellant.

David L. Sanders, Peter W. Cleveland, Columbus, Miss., for Otasco, Inc.

John S. Hill, Tupelo, Miss., for Smith.

Before THORNBERRY, RUBIN, and HIGGINBOTHAM, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

This case presents three issues. The first is whether a state's statute of limitations should be applied separately to each of the claims stated in a complaint or to the "essence" of the allegations considered as a whole. We hold that the statute of limitations applies to each claim, not merely to the pith of the litigation. The second issue is whether a father's failure to specify in a notice of appeal that he is suing as his children...

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