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MORSE v. UNIVERSITY OF VERMONT

No. 1141, Docket 91-7977.

973 F.2d 122 (1992)

Linda MORSE, Plaintiff-Appellant, v. UNIVERSITY OF VERMONT, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 19, 1992.

Attorney(s) appearing for the Case

John C. Gravel, Burlington, Vt. (Jane Watson, Bauer, Gravel & Watson, of counsel), filed a brief for plaintiff-appellant.

Ritchie E. Berger, Burlington, Vt. (Pietro J. Lynn, Dinse, Erdmann & Clapp, of counsel), filed a brief for defendant-appellee.

Robert Appel, Asst. Atty. Gen., Montpelier, Vt. (Jeffrey L. Amestoy, Atty. Gen. for State of Vt., of counsel), filed a brief on behalf of State of Vt. as amicus curiae.

Before: LUMBARD, NEWMAN, and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

Generally, if a controversy is fully litigated, the right of a matter emerges. Yet, with the passage of time the wrong alleged becomes stale, witnesses die, memories fade so the litigation must be timely commenced or a statute of limitations may bar its continuing. The law offers a potential plaintiff a choice: having her rights determined by trial or sleeping on those rights so long that they are deemed under the law to be permanently at...

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