Robert L. Hall v. Copco Pacific, Ltd., a Delaware Corporation

The United States District Court for the Northern District of California dismissed an action brought by appellant on the ground that it was barred by the California statute of limitations. Calif. Code of Civil Procedure, § 340,'Subd. 3. It is a diversity case arising out of an accidental injury sustained by appellant in the state of Oregon and involves a conflict of laws. Appellant, at the time of sustaining his injury, was employed by appellee, who was in default under the Oregon Employers’ Liability Act.

The complaint contains two causes of action. It is conceded by the parties that the allegations of the complaint, as to each cause of action, are sufficient to state a cause of action under Oregon law, which said law allows suit by an injured Oregon employee against his employer in such circumstances as were here alleged. The first cause of action pleaded seeks recovery under the Oregon Employers’ Liability Act, Ore.Rev.Stats. § 654.305 et seq. The second cause of action purports to come within the Oregon Workmen’s Compensation Law, Ore.Rev.Stats. § 656.002 et seq. (see §§ 656.024 and 656.026).

The action was filed on the last day of the two year period immediately following…