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Spain v. Haseotes, 95-1530 (1997)

Court: Court of Appeals for the First Circuit Number: 95-1530 Visitors: 5
Filed: Jun. 10, 1997
Latest Update: Mar. 02, 2020
Summary: LENORA SPAIN, ET AL.Stanley R. Cohen on brief for appellants.court must apply the forum state's choice-of-law rules.determine what limitations period it would apply.by a statute of limitations.the Massachusetts Civil Rights Act.fraudulent concealment in the circumstances of this case.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 95-1530

LENORA SPAIN, ET AL.,

Plaintiffs, Appellants,

v.

DEMETRIOS HASEOTES, ET AL.,

Defendants, Appellees.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Joseph L. Tauro, U.S. District Judge] ___________________

____________________

Before

Selya, Boudin and Stahl,
Circuit Judges. ______________

____________________

Stanley R. Cohen on brief for appellants. ________________
Philip J. Moss and Moon, Moss, McGill & Bachelder, P.A. on brief ______________ ____________________________________
for appellees.


____________________

JUNE 9, 1997
____________________


















Per Curiam. After carefully reviewing the record __________

and the parties' briefs, we affirm the judgment of the ______

district court dismissing the complaint of the plaintiffs-

appellants. In so doing, we essentially rely on the

reasoning contained in that court's order, dated August 9,

1995. We add only the following comments.

The state common law claims of the plaintiffs

are governed by state law. In cases based on diversity of

citizenship or on pendent jurisdiction, the federal district

court must apply the forum state's choice-of-law rules. See ___

Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 496 ___________ ________________________

(1941); Rogers v. Grimaldi, 875 F.2d 994, 1002 (2d Cir. ______ ________

1989). Thus, we look to Massachusetts conflicts law to

determine what limitations period it would apply.

Massachusetts, in turn, uses "the traditional rule that the

local law of the forum determines whether an action is barred

by a statute of limitations." Hemric v. Reed & Prince Mfg. ______ ___________________

Co., 739 F.2d 1, 2-3 (1st Cir. 1984) (applying the ___

Massachusetts statute of limitations to a claim based on a

tort which occurred in North Carolina); Cosme v. Whitin Mach. _____ ____________

Works, Inc., 417 Mass. 643, 645, 632 N.E.2d 832, 834 (1994) ___________

(Massachusetts considers statutes of limitations as

procedural and, as the forum state, applies its own law).

The limitations period for torts in Massachusetts

is three years. See M.G.L.c. 260, 2A. Similarly, a three- ___



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year limitations period governs plaintiffs' claims based on

the Massachusetts Civil Rights Act. Id. 5B. Because the ___

case at hand was commenced more than three years after all of

the plaintiffs' tort claims accrued, these claims are time-

barred. We can see no reason to apply the doctrine of

fraudulent concealment in the circumstances of this case.

The judgment of the district court is affirmed and ________

all pending motions are therefore denied as moot. ______





































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Source:  CourtListener

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