ragan
merchants
transfer
warehouse
argued
april
decided
june
rehearing
denied
see
ragan
merchants
transfer
warehouse
cornelius
roach
kansas
city
petitioner
douglas
hudson
fort
scott
respondent
justice
douglas
delivered
opinion
case
involving
highway
accident
occurred
october
came
district
kansas
reason
diversity
citizenship
petitioner
instituted
september
filing
complaint
procedure
specified
federal
rules
civil
procedure
prescribed
rules
summons
issued
service
december
kansas
statute
limitations
applicable
tort
claims
respondent
pleaded
moved
summary
judgment
petitioner
claimed
filing
complaint
tolled
statute
respondent
argued
reason
kansas
statute
limitations
tolled
service
summons
district
struck
defense
denied
respondent
motion
trial
verdict
rendered
petitioner
appeals
reversed
ruled
review
kansas
authorities
requirement
service
summons
within
statutory
period
integral
part
state
statute
limitations
accordingly
held
guaranty
trust
york
governed
tha
respondent
motion
summary
judgment
sustained
case
petition
certiorari
granted
importance
question
presented
erie
tompkins
premised
theory
diversity
cases
rights
enjoyed
local
law
vary
enforcement
rights
sought
federal
rather
state
recovery
state
denied
federal
otherwise
authorized
invoke
diversity
jurisdiction
gain
advantages
confined
state
courts
guaranty
trust
york
applied
principle
statutes
limitations
theory
one
barred
recovery
state
likewise
barred
federal
conceded
present
case
kansas
barred
theory
guaranty
trust
york
therefore
seem
bar
federal
appeals
held
force
reasoning
sought
avoided
argument
federal
rules
civil
procedure
determine
manner
action
commenced
federal
matter
procedure
principle
erie
tompkins
control
accordingly
argued
since
suit
properly
commenced
federal
kansas
statute
limitations
ran
tolled
statute
reasoning
result
bomar
keyes
case
suit
enforce
rights
federal
statute
case
doubt
suit
properly
commenced
federal
present
case
look
local
law
find
cause
action
suit
brought
since
cause
action
created
local
law
measure
found
local
law
carries
burden
subject
defenses
federal
state
see
cities
service
dunlap
palmer
hoffman
accrues
comes
end
local
law
declares
west
american
tel
guaranty
trust
york
supra
local
law
qualifies
abridges
federal
must
follow
suit
otherwise
different
measure
cause
action
one
principle
erie
tompkins
transgressed
draw
distinction
case
local
law
brought
cause
action
end
rather
suit
started
federal
cases
local
law
created
right
federal
asked
enforce
cases
local
law
undertook
determine
life
cause
action
give
longer
life
federal
state
without
adding
something
cause
action
may
consistently
erie
tompkins
argued
kansas
statute
integral
part
kansas
statute
limitations
appeals
careful
canvass
kansas
law
opinion
written
judge
huxman
distinguished
member
kansas
bar
held
contrary
ordinarily
accept
determination
local
law
appeals
see
huddleston
dwyer
disturb
affirmed
justice
rutledge
dissents
see
dissenting
opinion
cohen
beneficial
industrial
loan
footnotes
rule
provides
civil
action
commenced
filing
complaint
rule
provides
filing
complaint
clerk
shall
forthwith
issue
summons
deliver
service
marshal
person
specially
appointed
serve
upon
request
plaintiff
separate
additional
summons
shall
issue
defendants
earlier
summons
issued
september
thereafter
served
quashed
provides
action
shall
deemed
commenced
within
meaning
article
defendant
date
summons
served
codefendant
joint
contractor
otherwise
interest
service
publication
proper
action
shall
deemed
commenced
date
first
publication
attempt
commence
action
shall
deemed
equivalent
commencement
thereof
within
meaning
article
party
faithfully
properly
diligently
endeavors
procure
service
attempt
must
followed
first
publication
service
summons
within
sixty
days
civil
rights
act
note
supra