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Horton v. Jessie

United States Court of Appeals, Ninth Circuit
Feb 6, 1970
423 F.2d 722 (9th Cir. 1970)

Summary

In Horton v. Jessie, 423 F.2d 722 (9th Cir. 1970), a brief per curiam opinion, the court noted "under the California significant contacts approach, we find too little Missouri significant contacts and too many in California to apply the Missouri statute [of limitation]."

Summary of this case from Tomlin v. Boeing Co.

Opinion

No. 23129.

February 6, 1970.

Nathaniel J. Friedman (argued), Los Angeles, Cal., for appellants.

James R. Mead (argued), of Parker, Stanbury, McGee, Peckham Garrett, Los Angeles, Cal., for appellee.

Before CHAMBERS and WRIGHT, Circuit Judges, and SOLOMON, District Judge.

The Honorable Gus J. Solomon, United States District Judge for the District of Oregon, sitting by designation.


The parties were involved in a California automobile accident. Plaintiffs are citizens of Missouri and defendant is a citizen of California. California has a one year statute of limitations and Missouri has a five year statute. The district court has held the California statute applicable and rendered judgment for the defendant.

There is a good argument that the statute was tolled for 13 or 14 months, but thereafter there was a period of approximately 15 months until the suit was filed in California.

Under the California significant contacts approach, we find too little Missouri significant contacts and too many in California to apply the Missouri statute.

We find the laches point of appellant without merit.

Judgment affirmed.


Summaries of

Horton v. Jessie

United States Court of Appeals, Ninth Circuit
Feb 6, 1970
423 F.2d 722 (9th Cir. 1970)

In Horton v. Jessie, 423 F.2d 722 (9th Cir. 1970), a brief per curiam opinion, the court noted "under the California significant contacts approach, we find too little Missouri significant contacts and too many in California to apply the Missouri statute [of limitation]."

Summary of this case from Tomlin v. Boeing Co.

In Horton v. Jessie, 423 F.2d 722 (9th Cir. 1970) the Ninth Circuit Court of Appeals concluded summarily that "[u]nder the California significant contacts approach, we find too little Missouri contacts and too many in California to apply the Missouri statute."

Summary of this case from Kalmich v. Bruno
Case details for

Horton v. Jessie

Case Details

Full title:Floyd and Genevieve HORTON, Appellants, v. Frans P. JESSIE, Appellee

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 6, 1970

Citations

423 F.2d 722 (9th Cir. 1970)

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