Leroy J. Blackwelder v. Richard M. Millman

CRAVEN, Circuit Judge:

This is an appeal by Leroy Blackwelder from an adverse ruling, on defendants’ motion for summary judgment, that his claim of conspiracy to defraud was barred by the statute of limitations because Blackwelder, at a time not within the limitations period, knew or should have known that he had a cause of action. Taking an entirely different view of the claim and those essential facts which are undisputed, we hold that Blackwelder’s action is not time-barred and therefore reverse and remand for a trial on the merits.

I

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