UNITED STATES COURT OF APPEALS



                                FOR THE FIRST CIRCUIT



                                 ____________________



          No. 94-2184



                                   KATHLEEN NUCCIO,



                                Plaintiff - Appellant,



                                          v.



                                     LUKE NUCCIO,



                                Defendant - Appellee.



                                 ____________________



                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                              FOR THE DISTRICT OF MAINE



                     [Hon. David M. Cohen, U.S. Magistrate Judge]
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                                 ____________________



                                        Before



                                Boudin, Circuit Judge,
                                        _____________



                        John R. Gibson,* Senior Circuit Judge,
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                              and Stahl, Circuit Judge.
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                                _____________________



               Toby  H.  Hollander,  with  whom  Law  Offices  of  Toby  H.
               ___________________               __________________________

          Hollander was on brief for appellant.
          _________

               David  P. Very  with whom  Peter J.  DeTroy III  and Norman,
               ______________             ____________________      _______

          Hanson & DeTroy were on brief for appellee.
          _______________







                                 ____________________



                                    June 27, 1996

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          *  Of the Eighth Circuit, sitting by designation.































                      Per Curiam.   In  our opinion of  August 9,  1995, we
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          certified  to the  Supreme Judicial  Court of  Maine pursuant  to



          Maine Revised  Statute, 4 M.R.S.A.    57 (1989), the  question of



          whether the facts in this case provide a basis to apply equitable



          estoppel  so as  to toll  the statute  of limitations  during the



          period of plaintiff's repressed memory.  We retained jurisdiction



          of this appeal pending determination of the issues. 



                    We certified this question: 



                    Does a showing that a  plaintiff, who was the

                    victim  of childhood  sexual abuse,  suffered

                    repressed memory as a result of a defendant's

                    threats  of  violence and  generally  violent

                    nature,  her witnessing  acts of  violence by

                    the defendant, and her fear of the defendant,

                    provide  a  basis  for  the  application   of

                    equitable estoppel so  as effectively to toll

                    the statute of limitations  during the period

                    that   the   plaintiff's    memories   remain

                    repressed?



                      The opinion of the Supreme Judicial Court of Maine of



          April  8,  1996,  has answered  this  question  in the  negative,



          stating that if Kathleen suffered repressed memory as a result of



          the previously imposed violent conduct,  as she claims, this does



          not at this  time equitably estop Luke from  invoking the statute



          of limitations.



                      Accordingly,  we affirm  the  order granting  summary
                                       ______



          judgment  in favor  of Luke  Nuccio on  the basis that  the Maine



          statute of limitations barred Kathleen Nuccio's suit.













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