BENJAMIN v. WESTERN BOAT BUILDING CORPORATION

No. 71-2313.

475 F.2d 1085 (1973)

Edward B. BENJAMIN, Plaintiff-Appellant, v. WESTERN BOAT BUILDING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 15, 1973.


Attorney(s) appearing for the Case

Gerry A. Reitsch (argued), Judson T. Klingberg, of Klingberg, Houston, Reitsch, Cross & Frey, Longview, Wash., William A. Porteous, III, of Porteous, Toledano, Hainkel & Johnson, New Orleans, La., for plaintiff-appellant.

James J. Mason (argued), of Binns, Petrich, Mason & Hester, Tacoma, Wash., Jack P. Scholfield, of Guttormsen, Scholfield, Willits & Ager, Seattle, Wash., for defendant-appellee.

Before KOELSCH and WRIGHT, Circuit Judges, and BELLONI, District Judge.


PER CURIAM:

This is an appeal from an order granting summary judgment in favor of the defendant. The trial court ruled that all claims were barred by the statutes of limitation. We hold that those counts sounding in contract and breach of warranty are time barred but a material issue of fact remains on the fraud count.

Edward Benjamin (plaintiff) entered into a contract with Western Boat Building Corporation (defendant) for the construction of a steel yacht...

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