Nos. 81-3109, 81-3122.

727 F.2d 1425 (1984)

Sharon Margaret PAVLAK, Plaintiff-Appellant, Cross-Appellee, v. John R. CHURCH, individually and in his capacity as Chief of Police for the City of Boise, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

March 12, 1984.

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 now before us is whether the two year statute of limitations provided in § 415(b) of the Federal Communications Act, 47 U.S.C. § 415(b), applies to claims against a telephone company arising out of providing equipment to a police department that conducted illegal wiretapping. We conclude it does apply and remand for a determination of whether the complaint against the telephone company is time barred.

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