PAVLAK v. CHURCH

Nos. 81-3109, 81-3122.

681 F.2d 617 (1982)

Sharon Margaret PAVLAK, Plaintiff-Appellant, v. John R. CHURCH, individually and in his official capacity as Chief of Police for the City of Boise; Frank E. Richardson, Clinton Bays, and J. M. Berry, individually and in their official capacities as officers of the City of Boise Police Department; Kent Greenwell and David Allen, individually and in their respective official capacities as Communications Supervisor and Assistant Communications Supervisor of the Public Works Department of the City of Boise; Ryan Armbruster, individually and in his official capacity as Assistant City Attorney for the City of Boise; Richard Eardley, individually and in his official capacity as Mayor of the City of Boise; Ralph J. McAdams, Marjorie J. Ewing, Fred L. Kopke, Berne K. Jensen, Joy Buersmeyer, and Cordelia Onweiler, individually and in their official capacities as City Council members of the City of Boise; The City of Boise, Idaho, a municipal corporation, Myrl E. Ingram, Dennis Baird, and John Paschke, each individually and as agents and employees of Mountain States Telephone and Telegraph Company; and Mountain States Telephone and Telegraph Company, a Colorado corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1982.


Attorney(s) appearing for the Case

Lee Price Fernon, Austin, Tex., Jon N. Wyman, Wyman & Wyman, Boise, Idaho, for plaintiff-appellant.

Brian K. Julian, Quane, Smith, Howard & Hull, Boise, Idaho, for defendants-appellees.

Before KENNEDY, FARRIS and NORRIS, Circuit Judges.


KENNEDY, Circuit Judge:

The question here is whether, after certification of a Rule 23(b)(3) class is denied, a plaintiff, who was a member of the putative class, may claim that the statute of limitations was tolled pending determination of the certification motion so that she may file an independent suit. Plaintiff, the appellant here, contends that under American Pipe and Construction Co. v. Utah,

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