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BLACKWELDER v. MILLMAN

No. 74-1846.

522 F.2d 766 (1975)

Leroy J. BLACKWELDER, Appellant, v. Richard M. MILLMAN et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 21, 1975.

Attorney(s) appearing for the Case

Thomas J. Harrigan, Arlington, Va. (Harrigan, Morris & Artz, Arlington, Va., on brief), for appellant.

Grayson P. Hanes, Fairfax, Va. (John J. Sabourin, Jr., Hazel, Beckhorn & Hanes, Fairfax, Va., on brief), for appellee Continental Mortgage Investors.

Richard A. Hibey, Washington, D. C., for appellee Richard M. Millman.

George D. Varoutsos, Arlington, Va. (Louis Koutoulakos and Robert J. Arthur, Arlington, Va., on brief), for appellees Lester Dworman and Dworman Building Corp. (Charles Jay Pilzer, Ronald D. Jacobs, Jacobs, Pilzer & Speiller, Washington, D. C., on brief), for appellee Charles S. Bresler.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.

CRAVEN, Circuit Judge:

This is an appeal by Leroy Blackwelder from an adverse ruling, on defendants' motion for summary judgment, that his claim of conspiracy to defraud was barred by the statute of limitations because Blackwelder, at a time not within the limitations period, knew or should have known that he had a cause of action. Taking an entirely different view of the claim and those essential facts which are undisputed...

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