Conflicts Keyed to Currie
Walker v. Armco Steel Corp.
Facts
Walker (Plaintiff) filed a personal injury action against Armco Steel Corp. (Defendant) in federal district court in Oklahoma, basing jurisdiction on diversity. The complaint had been filed less than two years after the cause of action arose but was served well after this period passed. Under the Oklahoma statute of limitations, an action was not considered “commenced” against a defendant until service was effected. The district court rejected Plaintiff’s argument that Federal Rule of Civil Procedure 3, which provided that commencement of an action occurred upon filing, was applicable and dismissed the action under Oklahoma’s two-year statute of limitations. The Tenth Circuit affirmed, and the Supreme Court granted review.
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