SWARTHOUT v. MICHIGAN BELL TELEPHONE COMPANY

No. 74-1226.

504 F.2d 748 (1974)

Russell L. SWARTHOUT, Plaintiff-Appellant, v. MICHIGAN BELL TELEPHONE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 22, 1974.


Attorney(s) appearing for the Case

Russell L. Swarthout, Edward V. Boggs, Detroit, Mich., for plaintiff-appellant.

Addison D. Connor, Butzel, Long, Gust, Klein & Van Zile, Detroit, Mich., for defendant-appellee.

Before WEICK, CELEBREZZE and PECK, Circuit Judges.


PER CURIAM.

The district court granted appellee's motion for summary judgment on the ground that the statute of limitations bars appellant's claim that between January, 1963, and April, 1968, appellee intercepted, divulged or published certain of appellant's telephonic communications in violation of 47 U.S.C. § 605 (1970). Even assuming, without deciding, that appellant properly pleaded the Michigan fraudulent concealment statute, Mich. Comp. Laws Ann. §...

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