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Civil Procedure Keyed to Rowe
Ragan v. Merchants Transfer & Warehouse Co.
Citation:
337 U.S. 530 (1949)Facts
Ragan (Plaintiff) filed a lawsuit in Kansas federal district court after suffering damages from a highway accident. Merchants Transfer (Defendant) moved to dismiss under the Kansas state law statute of limitations, but the court denied the motion. The jury rendered a verdict for plaintiff. The Court of Appeals reversed, ruling that the statute of limitations had in fact expired because it required that the plaintiff serve summons within the statutory period, which Ragan had not done.
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