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BARRY v. DONNELLY

No. 85-1289.

781 F.2d 1040 (1986)

Ellen S. BARRY, Appellee, v. Honoria DONNELLY, William Donnelly, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 17, 1986.

Attorney(s) appearing for the Case

Joshua Kaufman (Kaufman & Biel, P.C., Washington, D.C., Robert L. Cleveland, Jr., Vienna, Va., on brief), for appellants.

Richard J. Medalie (Friedman & Medalie, P.C., Washington, D.C., James R. Cooke, Arlington, Va., on brief), for appellee.

Before RUSSELL and PHILLIPS, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

In this declaratory judgment action, Honoria and William Donnelly appeal from a summary judgment declaring that they are barred by the Virginia statute of limitations from suing to recover from Ellen Barry, a close family friend and alleged bailee, a painting by Mrs. Donnelly's father, Gerald Murphy. Because we conclude that there are genuine issues of fact material to the Donnellys' claim that Ellen Barry should be precluded...

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