STRUNG v. ANDERSON

No. 25712.

452 F.2d 632 (1971)

Norman STRUNG and Priscilla A. Strung, Plaintiffs-Appellants, v. L. D. W. ANDERSON et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 15, 1971.


Attorney(s) appearing for the Case

James J. Sinclair, (argued), of Berger, Anderson & Sinclair, Billings, Mont. for plaintiffs-appellants.

Dolphy O. Pohlman, of Corette, Smith & Dean, Butte, Mont. (argued), L. D. W. Anderson, W. C. Dorman, Richard J. Andriolo, of Berg, O'Connell, Angel & Andriolo, Bozeman, Mont. (argued), C. R. Cutting, Rex Duncan, Robert K. Johnson, Harold MacDowell, George Jensen, Dwain Wortman, Harold Veltkamp, George Tate, Douglas Taylor, Ernest Cox, Peter Cole, Gene I. Brown, of Brown & Gilbert, Bozeman, Mont. (appeared), Carl Smith, Hank Feddes, Les Gee, for defendants-appellees.

Before BROWNING, CARTER and HUFSTEDLER, Circuit Judges.


PER CURIAM:

This is an appeal from a judgment dismissing appellants' civil rights action (42 U.S.C. § 1983) on the ground that the cause was barred by limitations. The applicable limitations statute is the Montana statute imposing a two-year limitation upon an action upon a liability created by statute. (R.C.M.1947, § 93-2607(1); Ney v. State of California (9th Cir. 1971) 439 F.2d 1285; Donovan v. Reinbold (9th Cir. 1970...

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