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PAYNE v. FIDELITY HOMES OF AMERICA, INC.

No. C 74-345 L(B).

437 F.Supp. 656 (1977)

F. Ray PAYNE, Plaintiff, v. FIDELITY HOMES OF AMERICA, INC., Lynch Corley, L. H. Crowder, Wendell V. Clipp, H. Wayne Hammontree, U. A. Browning, G. T. Scott, Lee Boswell, Ed Purtzer, W. C. Hammontree, Emit Smith, Carlton Woodward, C. Houston Williams.

United States District Court, W. D. Kentucky, Louisville Division.

September 22, 1977.

Attorney(s) appearing for the Case

William T. Warner, Thomas J. Conder, Louisville, Ky., for plaintiff.

Bert T. Combs, H. Alexander Campbell, Edwin S. Hopson, Louisville, Ky., for defendant Lee Boswell.

Robert E. Sims, Louisville, Ky., for all other defendants.

MEMORANDUM OPINION

ALLEN, Chief Judge.

This matter is before the Court on defendants' motion to dismiss on the basis of several Statutes of Limitation which arguably bar the action. The complaint establishes that June 26, 1970, was the last occasion on which acts were allegedly committed giving rise to plaintiff's claims. This action was filed more than four years later, on September 10, 1974. Plaintiff is seeking damages for asserted violations of Sections...

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