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LUMBERMENS MUT. CAS. CO. v. DODGE CITY CEMENT PR. CO.

No. 3398.

88 F.Supp. 643 (1950)

LUMBERMENS MUT. CASUALTY CO. v. DODGE CITY CEMENT PRODUCTS CO. et al.

United States District Court. D. Kansas.

February 15, 1950.

Attorney(s) appearing for the Case

Eli Eubanks, Wichita, Kan. and Melville F. Boddie, Oklahoma City, Okl., for plaintiff.

Wayne Coulson, Wichita, Kan., Fleeson, Gooing, Coulson & Kitch, Wichita, Kan. and Kenneth G. Speir, Newton, Kan., Speir, Stroberg & Sizemore, of Newton, Kan., for defendants.

MELLOTT, Chief Judge.

The present issue, raised by a motion to dismiss, is whether the action is barred by the Kansas statute of limitations. Diversity of citizenship exists, the amount in controversy exceeds $3,000, exclusive of interest and costs, and this court has jurisdiction.1

The second and third subdivisions of the applicable section, shown in the margin,2 must be examined. If the action is...

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