LEONARD v. PARRY

No. 99-2107.

219 F.3d 25 (2000)

Mitchell LEONARD, Plaintiff, Appellant, v. Kay PARRY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 17, 2000.


Attorney(s) appearing for the Case

Arend R. Tensen, with whom Van Dorn, Cullenberg, Tensen & Curtiss, PLLC was on brief, for appellant.

John A. Curran, with whom Jill A. DeMello and Getman, Stacey, Tamposi, Schulthess & Steere, P.A. were on brief, for appellee.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.


SELYA, Circuit Judge.

This appeal asks whether, under particular circumstances, an amendment adding a party after the expiration of the statute of limitations relates back to the date on which the plaintiff commenced the action. Although a straightforward reading of Federal Rule of Civil Procedure 15(c)(3) seems to require an affirmative answer to this question, a doubt lingers because some courts, spurred by a mischievous bit of dictum, have glossed the text of the...

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