PNC BANK, NAT. ASS'N v. MILLMAN

Docket No. 97-9354.

164 F.3d 785 (1999)

PNC BANK, NATIONAL ASSOCIATION, Plaintiff-Appellant, v. Robert B. MILLMAN and Mark Fleischman, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 13, 1999.


Attorney(s) appearing for the Case

Peter W. Hall, Rutland, VT (Reiber, Kenlan, Schweibert, Hall & Facey, P.C.), and Gregg J. Borri, New York, NY, for Plaintiff-Appellant.

Matthew F. Valerio, Rutland, VT (Abatiell & Valerio), and Marc E. Elliot, New York, N.Y. (Goetz, Fitzpatrick, Carbone, Eiseman, Finegan & Rubin, LLP), for Defendant-Appellee Millman.

Before: NEWMAN and LEVAL, Circuit Judges, and WEXLER, District Judge.


WEXLER, District Judge:

On this appeal, we must determine whether under Vermont law a four-year statute of limitations or a six-year statute of limitations applies to this diversity action to set aside an alleged fraudulent conveyance of property and impose a constructive trust. The district court concluded that a four-year statute of limitations applies and, because the action was brought more than four years (although less than six years) after the claim accrued...

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