PAGE ET AL.
v.
MISSISSIPPI

U.S. | 1985-11-04
No. 85-5344
474 U.S. 950 Supreme Court of the United States (1985) Positive Treatment
Cited by 8 cases

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  • Smith v. Firestone Tire & Rubber Co., 875 F.2d 1325 (7th Cir. 1989)
    …ed. . Accord, Usher v. City of Los Angeles, 828 F. 2d 556 (9th Cir.1987); Derstein v. Van Buren, 828 F. 2d 653 (10th Cir.1987). But see Thomas v. Shipka, 829 F. 2d 570 (6th Cir.1987); Smith v. Pittsburgh, 764 F. 2d 188 (3rd Cir.), certiorari denied 474 U.S. 950, 106 S.Ct. 349, 88 L.Ed.2d 297 (1985); Wycoff v. Menke, 773 F. 2d 983 (8th Cir.1985); Rivera v. Green, 775 F. 2d 1381 (9th Cir.1985), in each of which Wilson was applied retroactively either because in the former three cases there was no clear contr…
  • …06-07, 92 S.Ct. at 355. We have applied these criteria in a number of cases where the statute of limitations was at issue. In Fitzgerald v. Larsen, 769 F. 2d 160 (3d Cir.1985), and Smith v. City of Pittsburgh, 764 F. 2d 188 (3d Cir.), cert. denied, 474 U.S. 950, 106 S.Ct. 349, 88 L.Ed.2d 297 (1985), we refused to treat as prospective only the ruling of the Supreme Court in Wilson v. Garcia, 471 U.S. 261, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), which applied uniform personal injury limitations in section 198…
  • Lunderstadt v. Colafella, 885 F.2d 66 (3d Cir. 1989)
    …claims based on statements made before August 4, 1986 are not barred because there is a two-year statute of limitations applicable to section 1983 claims filed in Pennsylvania, see Smith v. City of Pittsburgh, 764 F. 2d 188 (3d Cir.), cert. denied, 474 U.S. 950, 106 S.Ct. 349, 88 L.Ed.2d 297 (1985). They failed to do so. Apparently in response to the statement in appellees’ brief that appellants challenge on appeal only the dismissal of the post-August 4, 1986 statements, appellants in their reply brief st…

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