Legal Opinion

Michael Sain Ryan White Lori J. Sain, Personally and as Next Friend for Crystal Sain v. City of Bend Buck Church Tom Pine Al Campbell

Court of Appeals for the Ninth Circuit

Decided October 29, 2002No. 00-36033PublishedCited by 91 opinions

1Opinion of the Court

Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge KING.

WILLIAM A. FLETCHER, Circuit Judge.

Plaintiffs filed an action under 42 U.S.C. § 1983 in federal district court, and the court dismissed on the ground that plaintiffs’ complaint was barred by the two-year statute of limitations under Or.Rev.Stat. § 30.275. We reverse on two independently sufficient grounds. First, we hold that plaintiffs’ complaint was timely filed be*1136cause we look to Federal Rules of Civil Procedure 3 and 6(a) to compute time for the purposes of the statute of limitations when the underlying cause of action is…

2Cases cited23 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Wilson v. GarciaSupreme Court of the United States · 1985
  3. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  4. Hanna v. PlumerSupreme Court of the United States · 1965
  5. Piotrowski v. City of HoustonCourt of Appeals for the Fifth Circuit · 2001

18 more not listed; retrieve them via the Exa API.

3Cited by91 opinions

  1. Vess v. Ciba-Geigy Corp. USACourt of Appeals for the Ninth Circuit · 2003
  2. Vess v. Ciba-Geigy Corp. USACourt of Appeals for the Ninth Circuit · 2003
  3. Douglas v. NoelleCourt of Appeals for the Ninth Circuit · 2009
  4. Varnell v. Dora Consolidated School DistrictCourt of Appeals for the Tenth Circuit · 2014
  5. Roderick Courtney Mann v. American AirlinesCourt of Appeals for the Ninth Circuit · 2003

86 more not listed; retrieve them via the Exa API.

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