Barry Aviation Incorporated V. Land O'lakes Municipal Airport Commission

By In the United States Court of Appeals for the Seventh Circuit

Release Date: 2004-07-26
Genre: Law

Description

Barry Aviation, Inc. filed a sevencount complaint against the defendants on November 22, 2002. The district court dismissed the counts based on 18 U.S.C. § 1961 and 42 U.S.C. § 1983 for failure to state a claim upon which relief could be granted. It then dismissed the remaining five counts based on state law because it determined that Barry Aviation had failed to allege its state of incorporation and therefore had not alleged jurisdiction based on diversity of citizenship. The district court denied leave to amend the complaint because it concluded that the statute of limitations had expired for each claim. For the reasons set forth in the following opinion, we reverse the judgment of the district court and remand the case for proceedings consistent with this opinion.

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