The question in Walker is whether in a diversity action the federal court should follow state law or, alternatively, Rule 3 of the Federal Rules of Civil Procedure in determining when an action is commenced for the purpose of tolling the state statute of limitations (SOL).

On January 5, 1978, the respondent filed a motion to dismiss the complaint on the grounds that it was barred by the applicable Oklahoma Statute of Limitations.

12 § 95 (1971) does not deem the action "commenced" for the purposes of the statute of limitations until service of the summons on the defendant.

However, if the complaint is filed within the limitations period, the action is deemed to have commenced from the date of filing if the plaintiff serves the defendant within 60 days, even though that service may occur outside the limitations period.

The analysis regarding whether state or federal procedural law applies is not applicable because there is no direct conflict.