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DINDO v. WHITNEY

No. 71-1200.

451 F.2d 1 (1971)

Howard G. DINDO, Plaintiff, Appellant, v. Harold O. WHITNEY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

November 12, 1971.

Attorney(s) appearing for the Case

Gelsie J. Monti, Barre, Vt., with whom Maynard, Dunn & Phillips, Concord, N. H., was on brief, for appellant.

John E. Gormley, Lancaster, N. H., with whom Gormley & Calamari, Lancaster, N. H., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

Following remand of this case with our order vacating the district court's sustaining of the defense of the statute of limitations, 429 F.2d 25, the defendant pleaded, successfully, that the action was barred by reason of plaintiff's having failed to assert it as a compulsory counterclaim, pursuant to F.R.Civ.P. 13(a), in a prior action. This question we had raised ourselves, but declined to resolve because of...

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