PESSOTTI v. EAGLE MFG. CO.

Nos. 90-2182, 90-2183.

946 F.2d 974 (1991)

George E. PESSOTTI, Plaintiff, Appellant, v. EAGLE MANUFACTURING COMPANY, Defendant, Appellee. George E. PESSOTTI, Plaintiff, Appellee, v. EAGLE MANUFACTURING COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 18, 1991.


Attorney(s) appearing for the Case

Michael Avery, Boston, Mass., for plaintiff, appellant George E. Pessotti.

John J. McGivney with whom Thomas D. Burns and Burns & Levinson, Boston, Mass., were on brief for defendant, appellee Eagle Mfg. Co.

Before CAMPBELL, Circuit Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.


LEVIN H. CAMPBELL, Circuit Judge.

Under the doctrine of relation back, an amended complaint can be treated, for purposes of the statute of limitations, as having been filed on the date of the original complaint. This diversity case presents several questions concerning choice of federal or state relation back law, the result dictated by that law, and the procedural mechanisms by which relation back questions may be raised and ruled upon.

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