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DIVERSEY v. SCHMIDLY

No. 13-2058.

738 F.3d 1196 (2013)

Andrew DIVERSEY, Plaintiff-Appellant, v. David SCHMIDLY; Richard Holder; Charles Fleddermann; James Koch; Raymond Sanchez; Martha Bedard; Jack Fortner, all individually and in their official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 23, 2013.

Attorney(s) appearing for the Case

Submitted on the briefs: Andrew Diversey, Plaintiff-Appellant, Pro Se.

Kimberly N. Bell , Associate University Counsel, The University of New Mexico, Albuquerque, NM, for Defendants-Appellees.

Before MATHESON, Circuit Judge, PORFILIO, and O'BRIEN, Senior Circuit Judges.

O'BRIEN, Senior Circuit Judge.

Andrew Diversey sued several administrators and members of the Board of Regents of the University of New Mexico (UNM) for infringing his copyright to an unpublished dissertation. The district court dismissed Diversey's complaint as untimely under Fed. R. Civ. P. 12(b)(6). Our review requires us to determine when claims of copyright infringement accrue, and, in particular, whether accrual is delayed until a continuing course of infringement...

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