BYRNE v. BUFFALO CREEK R. CO.

No. 973, Docket 84-9041.

765 F.2d 364 (1985)

Gerald W. BYRNE, Plaintiff-Appellant, v. BUFFALO CREEK RAILROAD COMPANY and John J. Hayes, as Chairman of Local 12, a Local Unit of United Transportation Union, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 18, 1985.


Attorney(s) appearing for the Case

Michael Beilewech, Buffalo, N.Y. (Magavern & Magavern, Buffalo, N.Y., of counsel), for plaintiff-appellant.

Courtland R. LaVallee, Buffalo, N.Y. (Moot & Sprague, Buffalo, N.Y., of counsel), for defendant-appellee Buffalo Creek R. Co.

Robert Boasberg, Boston, N.Y., for defendant-appellee John J. Hayes.

Before LUMBARD, VAN GRAAFEILAND and CARDAMONE, Circuit Judges.


LUMBARD, Circuit Judge:

This appeal requires us to decide the rare question, in this circuit, of whether a litigant should be deprived, after ten years of litigation, of a judgment for wrongful discharge and unfair representation because during litigation delays, for which the district court must bear the major responsibility, the Supreme Court changed the law regarding the applicable statute of limitations for the bringing of his suit.

Gerald W. Byrne began...

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