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BROWNING v. PENDLETON

No. 86-4123.

869 F.2d 989 (1989)

Daniel BROWNING, d/b/a Daniel Browning Excavating Co.; Linda Browning, Plaintiffs-Appellants, v. Craig R. PENDLETON, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 16, 1989.

Attorney(s) appearing for the Case

David S. Mann (argued), Rhonda S. Morris, Cincinnati, Ohio, for plaintiffs-appellants.

Timothy A. Oliver, Asst. Pros. Atty., Lebanon, Ohio, R. Gary Winters (argued), Cincinnati, Ohio, for defendants-appellees.

Before ENGEL, Chief Judge; KEITH, MERRITT, KENNEDY, MARTIN, JONES, KRUPANSKY, WELLFORD, MILBURN, GUY, NELSON, RYAN, BOGGS, and NORRIS, Circuit Judges; and LIVELY, Senior Circuit Judge.

MILBURN, Circuit Judge.

We granted en banc rehearing in this civil rights action thereby vacating a prior unreported decision of a panel of our court. We did so in order to resolve an inconsistency between two decisions by different panels of our court in selecting the appropriate state statute of limitations for civil rights actions filed pursuant to 42 U.S.C. § 1983 (1982) as required by the Supreme Court in Wilson v. Garcia, 471 U.S....

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