James Lile Hupman v. Harold C. Cook and Cook and Robinson, Incorporated

MURNAGHAN, Circuit Judge:

Holding the claim to be time-barred, the district court granted summary judgment to the defendants. On appeal, plaintiff urges that the action was instituted well within the applicable period of limitations.

The diversity action, controlled by Virginia law, grew out of an injury which occurred on August 23, 1977. Suit was filed on November 30, 1978. The action sought to hold the defendants liable, as the installers, in July, 1968, of machinery and equipment alleged to have occasioned the injury. If limitations are calculated from the date of installation, the action is…