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WEST v. CINCINNATI, N. O. & T. P. RY. CO.

Civ. A. No. 1792.

108 F.Supp. 276 (1952)

WEST v. CINCINNATI, N. O. & T. P. RY. CO. et al.

United States District Court E. D. Tennessee, N. D.

October 29, 1952.

Attorney(s) appearing for the Case

Hodges & Doughty, Knoxville, Tenn., J. Defoe Pemberton, Maxwell Sexton, Oneida, Tenn., for plaintiff.

Chas. H. Smith, Fowler, Long & Fowler, Knoxville, Tenn., for defendants.

ROBERT L. TAYLOR, District Judge.

Motion has been filed by Guy A. Thompson, trustee for Missouri Pacific Railway Company, for a summary judgment dismissing the action as to Missouri Pacific on the ground that the action is barred as to this defendant by the Tennessee one-year statute of limitations. The Tennessee Code sections relied on in support of the motion are 8571, 8592 and 8595.

Section 8571 is as follows:

"Commencement of an action by suing...

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