SHAW v. MCCORKLE

No. 76-1432 Summary Calendar.

537 F.2d 1289 (1976)

Phillip C. SHAW, Plaintiff-Appellant, v. Marvin McCORKLE et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 30, 1976.


Attorney(s) appearing for the Case

M. Charles May, John L. Maxey, II, Jackson, Miss., for plaintiff-appellant.

Charles A. Marx, Asst. Atty. Gen., A. F. Summer, Atty. Gen., Jackson, Miss., Leonard B. Melvin, Jr., Laurel, Miss., for defendants-appellees.

Before BROWN, Chief Judge, GEWIN and MORGAN, Circuit Judges.


JOHN R. BROWN, Chief Judge:

The District Court dismissed plaintiff Shaw's 42 U.S.C.A. § 1983 action against four Mississippi highway patrolmen and their surety, holding that the suit was barred by the Mississippi one-year statute of limitations for intentional torts. Plaintiff appeals from that dismissal, contending that the District Court should have applied the Mississippi six-year catch-all statute of limitations, under which plaintiff's suit would not have...

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