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ARNOLD v. DUCHESNE COUNTY

No. 93-4046.

26 F.3d 982 (1994)

Louis F. ARNOLD, Plaintiff-Appellant, v. DUCHESNE COUNTY, Merv Taylor, Jerry Foote, and Clair Poulson, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 27, 1994.

Attorney(s) appearing for the Case

John D. Russell, Salt Lake City, UT, for appellant.

Brent A. Burnett, Asst. Atty. Gen. (Jan Graham, Utah Atty. Gen., Lynn J. Lund and Blake Nakamura, with him on the briefs), Salt Lake City, UT, for appellees.

Before ANDERSON and McWILLIAMS, Circuit Judges, and SHADUR, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

This case presents a single issue: whether the appropriate statute of limitations for 42 U.S.C. § 1983 actions in Utah is two years pursuant to Utah Code Ann. § 78-12-28(3) or four years pursuant to Utah Code Ann. § 78-12-25(3). This issue has divided federal district court judges in the district of Utah.1 The lower court in this case held that section 78-12-28(3) applies to section 1983...

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