James A. Williams v. C. P. Coughlan, Ted McRoberts Otheal Waitland, La Dessa Nordale, T. N. Gore, and R. J. McNealy

Good Law
17 Alaska 470·253 F.2d 284·1958 U.S. App. LEXIS 3855
United States Court of Appeals for the Ninth CircuitFebruary 28, 195815780_1California388 words

Opinion

Opinion

Orr, J.

Appellant Williams on the 15th day of October, 1956, caused to be filed in the District Court of Alaska a complaint seeking damages against appellees for alleged wrongful acts. The District Court dismissed the action on the ground that the statute of limitations had run before the action was filed. An appeal was taken to this Court and the judgment of dismissal was affirmed as to appellee Coughlan. Relative to the remaining ap-pellees, this Court was unable to determine their status from the record then before it and took no action as to them.

Subsequently appellant caused the record to be supplemented and this Court of its own motion caused the original complaint to be filed as a part of the record before it.

Appellant has abandoned his appeal as it affects appellees Waitland, Nordale, Gore and McNealy, but prosecutes it insofar as appellee McRoberts, a United States Marshal, is concerned.

The District Court, pursuant to motion duly made, dismissed the action against Ted McRoberts on the ground that the statute of limitations had run before the action was commenced.

The cause of action against McRoberts as alleged in the complaint accrued on the 7th day of July, 1953. At that…

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