AMERICAN PIPE & CONSTRUCTION CO. v. UTAH

No. 72-1195.

414 U.S. 538 (1974)

AMERICAN PIPE & CONSTRUCTION CO. ET AL. v. UTAH ET AL.

Supreme Court of United States.

Decided January 16, 1974.


Attorney(s) appearing for the Case

Jesse R. O'Malley argued the cause for petitioners. With him on the briefs were Gordon Johnson, Oliver F. Green, Jr., James O. Sullivan, Wayne M. Pitluck, John J. Hanson, Robert E. Cooper, Haldor T. Benson, and Read Carlock.

Gerald R. Miller, Special Assistant Attorney General of Utah, argued the cause for respondents. With him on the brief were Vernon B. Romney, Attorney General, and J. Rand Hirschi and Kent Shearer, Special Assistant Attorneys General.


MR. JUSTICE STEWART delivered the opinion of the Court.

This case involves an aspect of the relationship between a statute of limitations and the provisions of Fed. Rule Civ. Proc. 23 regulating class actions in the federal courts. While the question presented is a limited one, the details of the complex proceedings, originating almost a decade ago, must be briefly recounted.

On March 10, 1964, a federal grand jury returned indictments charging a number of...

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