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GRAY v. NELSON

Nos. 75-1899, 75-1900.

533 F.2d 334 (1976)

Benjamin GRAY, Plaintiff-Appellant, v. Edward D. NELSON and Joyce Blackburn, Defendants-Counter Plaintiffs, and The Board of County Road Commissioners of the County of Livingston, Defendant-Counter Defendant-Appellee. Martha Tibbs GRAY, Plaintiff-Appellant, v. The BOARD OF COUNTY ROAD COMMISSIONERS OF the COUNTY OF LIVINGSTON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 15, 1976.

Rehearing Denied May 19, 1976.

Attorney(s) appearing for the Case

Morton Leitson, Robert L. Segar, Leitson, Dean, Dean, Segar & Hart, Flint, Mich., Richard L. Lehman, Detroit, Mich., for plaintiffs-appellants.

Jack Neal, Neal, Nelson, Ackerman, Anastor & Rowan, Flint, Mich., George F. Clark, Davidson, Gotshall, Kohl, Nelson, Secrest, Wardle & Lynch, Detroit, Mich., for Bd. of County Road Com'rs.

Before PHILLIPS, Chief Judge, and PECK and LIVELY, Circuit Judges.

PHILLIPS, Chief Judge.

This appeal presents the issue of the applicable statute of limitations in two diversity actions for damages filed against the Board of County Commissioners of the County of Livingston, Michigan. The District Court, applying Michigan law, held that both actions are barred by the two year statute of limitations prescribed by M.S.A. § 3.996(111). We affirm.

Appellants Benjamin Gray and Martha...

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