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Tulsa Professional Collection Services, Inc. v. Pope

United States Supreme Court
485 U.S. 478 (1988)


Facts

H. Everett Pope was admitted to a hospital for several months before his death. His wife, JoAnne Pope (plaintiff), began probate proceedings. The hospital where Pope had been admitted assigned its claim for expenses to Tulsa Professional Collection Services, Inc. (“Tulsa”) (defendant). Oklahoma’s nonclaim statute required creditors to file claims against an estate within two months after notice of the probate proceedings was published. Tulsa failed to file a claim in the probate proceedings within two months after notice was published. The Court of Appeals rejected Tulsa’s request for a rehearing. The Supreme Court of Oklahoma affirmed, finding that the nonclaim statute was a self-executing statute of limitations, and therefore did not require actual notice. Tulsa appealed.

Rule of Law

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Issue

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Holding and Reasoning (O’Connor, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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