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SCHMIDT v. McKAY

No. 511, Docket 76-7422.

555 F.2d 30 (1977)

Reginald V. SCHMIDT, Plaintiff-Appellant, v. Raymond T. McKAY and John F. Brady, representatives of a class of persons who were members of District 2 — Marine Engineers Beneficial Association — AFL-CIO in September 1971, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 12, 1977.

Attorney(s) appearing for the Case

John H. Doyle, III, New York City (Anderson, Russell, Kill & Olick, P. C., New York City, on the brief), for plaintiff-appellant.

Joel C. Glanstein, New York City (Markowitz & Glanstein, New York City, on the brief), for defendants-appellees.

Before LUMBARD and OAKES, Circuit Judges, and BRYAN, District Judge.

LUMBARD, Circuit Judge:

In this diversity action, Reginald V. Schmidt, a citizen of Florida, appeals from an order of the Eastern District, Bruchhausen, Judge, entered on August 9, 1976, dismissing his second amended complaint on the ground that the claims alleged therein are time-barred under the applicable New York statute of limitations, CPLR § 213. Defendants-appellees Raymond T. McKay and John F. Brady, the president and secretary-treasurer respectively...

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