VEST v. BOSSARD

No. 81-2148.

700 F.2d 600 (1983)

Edwin Dean VEST, Plaintiff-Appellant, v. Sterling BOSSARD, Hans Chamberlain, Ira Schoppmann, James Nelson and John Does One to One Hundred, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 18, 1983.


Attorney(s) appearing for the Case

John Walsh, Salt Lake City, Utah, for plaintiff-appellant.

Allan L. Larson of Snow, Christensen & Martineau, Salt Lake City, Utah, for all defendants-appellees.

Nelson L. Hayes of Richards, Brandt, Miller & Nelson, Salt Lake City, Utah, for defendants-appellees Chamberlain and Schoppmann (P. Keith Nelson and Donald J. Purser, Richards, Brandt, Miller & Nelson, Salt Lake City, Utah, for defendants-appellees Chamberlain & Schoppmann, and David L. Wilkinson, Atty. Gen., and Franklyn B. Matheson, Asst. Atty. Gen., Salt Lake City, Utah, for defendants-appellees Sterling Bossard and James Nelson, on the briefs).

Before DOYLE, McKAY and LOGAN, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

The problem here is, as we know, one in which the tolling or non-tolling of the statute of limitations is involved.

Plaintiff was falsely charged with a heinous offense, sodomy. Vest, of course, knew that he had suffered an injury. He did not know that there had been a conspiracy and, of course, was unaware of the identity of the conspirators. Meanwhile the statute of limitations had run as of the time that the boy admitted...

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