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McNUTT v. DUKE PRECISION DENTAL & ORTHODONTIC LAB.

No. 82-1179.

698 F.2d 676 (1983)

Brian McNUTT, Appellant, v. DUKE PRECISION DENTAL AND ORTHODONTIC LABORATORIES, INC. and Charles Duke and Robert M. Tankin, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 17, 1983.

Attorney(s) appearing for the Case

Norris C. Ramsey, Baltimore, Md., for appellant.

Alex S. Katzenberg, III, Baltimore, Md. (Cohen, Snyder, McClellan, Eisenberg & Katzenberg, P.A., Baltimore, Md., on brief), for appellees.

Stanley Mazaroff, Baltimore, Md. (George W. Johnston, Jeffrey P. Ayres, Venable, Baetjer & Howard, Baltimore, Md., on brief), for amicus curiae, Johns Hopkins Hospital.

Richard J. Magid, Baltimore, Md. (Whiteford, Taylor, Preston, Trimble & Johnson, Baltimore, Md., on brief), for amicus curiae, Record Data of Maryland, Inc.

Before RUSSELL and PHILLIPS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

The judges of the district court for the District of Maryland have divided on the question of the period of limitations within which an action for racial discrimination in employment may be commenced in that court under the Reconstruction Civil Rights Acts. Some have held that the Md.Cts. & Jud.Proc.Code Ann. § 5-101 (1980 Rep. Vol.), which provides a three-year period, is the appropriate Maryland statute to apply. See...

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