GRAVES v. SMITH'S TRANSFER CORP.

No. 84-1039.

736 F.2d 819 (1984)

Richard GRAVES, Plaintiff, Appellant, v. SMITH'S TRANSFER CORPORATION, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 18, 1984.


Attorney(s) appearing for the Case

Paul A. Manoff, Boston, Mass., with whom Levine & Manoff, Boston, Mass., and Margaret Cunnane Hall, Nashua, N.H., were on brief, for plaintiff, appellant.

Terence P. McCourt, Washington, D.C., with whom Charles P. O'Connor, and Morgan, Lewis & Bockius, Washington, D.C., were on brief, for Smith's Transfer Corp.

Scott F. Innes, Manchester, N.H., with whom Christy & Tessier, Manchester, N.H., was on brief, for defendant, appellee Chauffeurs, Teamsters and Helpers Local Union 633.

Before CAMPBELL, Chief Judge, COFFIN and BOWNES, Circuit Judges.


BOWNES, Circuit Judge.

The only issue in this case is whether DelCostello v. International Brotherhood of Teamsters, et al., 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983), should be applied retroactively. In DelCostello, the Court held that the applicable statute of limitations in a case such as this brought under section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185, is the six-month period...

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