Legal Opinion · Concurring in part, dissenting in part
Cullen v. Margiotta
Court of Appeals for the Second Circuit
Decided February 2, 1987No. Nos. 1468-1472, Dockets 86-7066, 86-7068, 86-7070, 86-7076 & 86-7148Published
1Concurring in part, dissenting in partMeskill, Circuit Judge
I concur in all parts of the majority’s thorough opinion except part III-C-2, wherein the majority opinion applies the tolling principle in American Pipe & Construction Co. v. Utah, 414 U.S. 538, 94 S.Ct. 756, 38 L.Ed.2d 713 (1974), to toll the statute of limitations on plaintiffs’ section *7341983 and RICO claims. Tolling under American Pipe is appropriate, according to the majority opinion, “[sjince the substance of the state court claims was the same as that of the claims asserted here and the County was made a defendant to the action.” However, for reasons expressed more fully below, I…
2Cases cited7 opinions
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- Yollin v. Holland America Cruises, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Clifton Knolls Sewerage Disposal Co. v. AulenbachAppellate Division of the Supreme Court of the State of New York · 1982
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