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SCHEBO v. LADERER

Civ. No. 89-5069.

720 F.Supp. 146 (1989)

Les SCHEBO, Plaintiff, v. Robert C. LADERER, Defendant.

United States District Court, D. South Dakota, W.D.

September 18, 1989.

Attorney(s) appearing for the Case

Gene N. Lebrun, Lynn, Jackson, Shultz & Lebrun, Rapid City, S.D., for plaintiff.

Thomas E. Simmons, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, S.D., for defendant.

MEMORANDUM OPINION

BATTEY, District Judge.

Pending is defendant's motion to dismiss plaintiff's complaint because he was served with the summons and complaint outside the limitations period. This is a diversity action alleging personal injury arising out of a car accident on June 14, 1986. The applicable statute of limitations is three years. SDCL 15-2-14(3).

The facts of service are not disputed. On June 13, 1989, Mr. Simmons, plaintiff's attorney...

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