Smith v. Firestone Tire & Rubber Co.

OPINION

MILLS, District Judge:

Statute of limitations.

Applied retroactively?

No.

This action, brought under 42 U.S.C. § 1981, is before the Court on Defendant’s motion for summary judgment pursuant to Fed.R.Civ.P. 56. Defendant argues that Plaintiff failed to file his action within the appropriate statute of limitations.

This ground for summary judgment presents an issue of first impression in this circuit.

The short answer: Motion denied.

I. FACTS

Plaintiff, a black male, secured a position with the Firestone Tire and Rubber Company in April of 1981. Plaintiff had previously worked for Firestone in…