BASF CORP. v. SYMINGTON

No. 94-2340.

50 F.3d 555 (1995)

BASF CORPORATION, Appellee, v. Darlene SYMINGTON, next friend or guardian ad litem for Darci Symington, an incompetent, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 16, 1995.

Rehearing and Suggestion for Rehearing April 27, 1995.


Attorney(s) appearing for the Case

Robert S. Bogard, St. Louis, MO, argued, for appellant.

Stephen W. Plambeck, Fargo, ND, argued, for appellee.

Before McMILLIAN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.


Rehearing and Suggestion for Rehearing En Banc April 27, 1995.

WOLLMAN, Circuit Judge.

This is a Declaratory Judgment Act case. The district court granted relief, agreeing with the declaratory plaintiff that the defendant's imminent personal injury claim would be time-barred. Because we conclude that the district court should not have considered the plaintiffs statute of limitations affirmative defense via declaratory judgment action, we vacate the judgment...

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