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Ledesma v. Jack Stewart Produce, Inc.
United States Court of Appeals for the Ninth Circuit
816 F.2d 482 (1987)
In Arizona, Alfonso Ledesma and others (Ledesma) (plaintiffs) were injured when their van was struck by a tractor. The tractor was driven by John Wayne Mize (defendant) and owned by Jack Stewart Produce, Inc. (JSP) (defendant). Ledesma and the other injured passengers were residents of California. Ledesma filed a negligence suit in federal district court in California against Mize, Jack Stewart (defendant) in his individual capacity, and JSP. Mize was an Arkansas resident, Stewart was an Oklahoma resident, and JSP was an Oklahoma corporation. Mize, Stewart, and JSP moved to dismiss the complaint, arguing that California’s one-year statute of limitations barred the action. Arizona and Oklahoma each had a two-year statute of limitations, and Arkansas had a three-year statute of limitations. The district court applied California law and dismissed the complaint. Ledesma appealed.
Rule of Law
Holding and Reasoning (Nelson, J.)
Dissent (Noonan, J.)
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