RODRIQUEZ v. UNION CARBIDE CORP.

Nos. 83-2553, 83-2709.

735 F.2d 365 (1984)

Nelson RODRIQUEZ, Plaintiff-Appellant, v. UNION CARBIDE CORPORATION, a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 15, 1984.


Attorney(s) appearing for the Case

Francis J. McTernan, Garry, Dreyfus & McTernan, Inc., San Francisco, Cal., for plaintiff-appellant.

Marcia Hoyt, Hoyt & Goforth, Walnut Creek, Cal., Kenneth Silbert, Beeson, Tayer, Kovach & Silbert, San Francisco, Cal., for defendants-appellees.

Before MERRILL, GOODWIN and BOOCHEVER, Circuit Judges.


PER CURIAM.

Plaintiff appeals from the district court's grant of summary judgment in this action, finding it barred by the six-month statute of limitations set forth in DelCostello v. Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983).

The action was removed to federal court in 1981. This court has previously held that DelCostello does not apply retroactively. Barina v. Gulf Trading and Transportation...

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