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STATE OF OHIO v. PETERSON, LOWRY, RALL, ETC.

No. 77-1374.

585 F.2d 454 (1978)

STATE OF OHIO, Plaintiff-Appellant, v. PETERSON, LOWRY, RALL, BARBER & ROSS, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 18, 1978.

Rehearing Denied November 7, 1978.

Attorney(s) appearing for the Case

J. Vernon Patrick, Jr., Birmingham, Ala. (Richard North Patterson, Berkowitz, Lefkovits & Patrick, Birmingham, Ala., Eugene F. McShane, Chief, Sp. Litigation Section, Columbus, Ohio, Harry L. Hobson, Luke J. Danielson and Miles M. Gersh, Holland & Hart, Denver, Colo., on brief), for plaintiff-appellant.

Robert H. Wheeler, Chicago, Ill. (Donald J. McLachlan, Thomas G. Ryan, Chicago, Ill., of counsel: Isham, Lincoln & Beale, Chicago, Ill., and Jeffrey A. Hyman, Denver, Colo., on brief), for all defendants-appellants except Timothy G. Lowry.

Raymond J. Connell, Denver, Colo. (Donald M. Haskell and Gerald M. Miller, Chicago, Ill., of counsel: Haskell & Perrin, Chicago, Ill., and Yegge, Hall & Evans, Denver, Colo., on brief), for defendant-appellee, Timothy G. Lowry.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is an appeal by the plaintiff from an order of the trial court granting the defendants' motions to dismiss for failure to state a claim and entering judgment dismissing the cause of action. The basis for the trial court's action was that the applicable statute of limitations barred the action. The plaintiff now appeals the dismissal order. We reverse.

On October 7, 1976, the State of Ohio brought an action in the United States...

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