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BAYE v. DIOCESE OF RAPID CITY

No. 10-1690.

630 F.3d 757 (2011)

Pamela BAYE; Sylvan Baye, Plaintiffs-Appellants, v. DIOCESE OF RAPID CITY, a South Dakota not for profit corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 25, 2011.

Attorney(s) appearing for the Case

James E. Shipman , argued, Cedar Rapids, IA, Stephanie E. Pochop , on the brief, Gregory, SD, for appellant.

Jeffrey G. Hurd , argued, Rapid City, SD, for appellee.

Before WOLLMAN, MURPHY, and COLLOTON, Circuit Judges.

MURPHY, Circuit Judge.

Pamela Baye alleges she was raped in 1987 by her parish priest, that her memory of the assault was repressed, and that she did not recover it until 2006. She and her husband Sylvan Baye then brought this action in 2007 against the Catholic Diocese of Rapid City. The district court1 granted summary judgment in favor of the diocese, holding the Bayes' claims barred by the statute of limitations. The Bayes timely appealed...

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