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Merchant's Objection to Additional Term Form

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under the erie doctrine federal courts sitting in diversity must apply state substantive law and federal procedural law in the 1945 case of guaranty trust company versus york the united states supreme court held that federal courts must apply a state's statute of limitations if its outcome determinative to a case three years later in reagan versus merchants transfer and warehouse company the court considered whether state law or the federal rules of civil procedure or the frcp should determine when an action is commenced to toll the statute of limitations on october 1 1943 julius reagan was involved in an automobile accident with merchants transfer and warehouse company subsequently on september 4th 1945 reagan brought a tort action against merchants in the united states district court for the district of kansas based on diversity of citizenship in bringing the action reagan followed the procedure under rule 3 of the frcp which states that a civil action is commenced by filing

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