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Civil Procedure Keyed to Cound
Walker v. Armco Steel Corp
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Walker, Plaintiff, and a resident of Oklahoma, was injured on August 22, 1975. Plaintiff filed a complaint against Armco Steel Corp., Defendant, a foreign corporation, in federal court based on diversity of citizenship on August 19, 1977. Service of process was not made on Defendant’s agent until December 1, 1977. Defendant filed a motion to dismiss because the statute of limitations had run by the time Defendant was served. Oklahoma state law states that the action is commenced for purposes of the limitation when the complaint is filed if Defendant is notified within 60 days of filing the complaint. The 60 day limit had expired by the time Defendant was served so the statute had run. Plaintiff argued that Rule 3 of the Federal Rules of Civil Procedure governs the case. Rule 3 states: “[a] civil action is commenced by filing a complaint with the court.” The District Court dismissed the complaint because the Oklahoma statute was “an integral part of the Oklahoma statute of limitations” and under Ragan v. Merchants Transfer & Warehouse Co., 337 U.S. 530, 69 S.Ct. 1233, 93 L.Ed. 1520 (1949), state law must be applied. The Court of Appeals affirmed.
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