United States First Circuit

Because the pleadings filed in earlier lawsuit could give rise to the reasonable inference that plaintiffs' claim here was timely filed, summary judgment based on inference that claim was untimely, was improper.

Appellate Information

• Decided 04/09/2002
• Published 04/09/2002

Judges

• TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and CYR, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Elizabeth A. Bailey, with whom James E. Higgins and Sheehan Phinney Bass & Green were on brief, for appellants.


• For Appellees:
  
• Barry S. Pollack, with whom Timothy C. Blank and Dechert Price & Rhoads were on brief, for appellee.