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United States Fourth Circuit


Eriline Co. S.A. v. Johnson, 03-1613

Dismissal of plaintiffs' state law claims, arising out of an alleged fraud scheme, against defendants who were in default is affirmed where, under the circumstances, the district court erred in raising a statute of limitations defense sua sponte and dismissing the claims.

Appellate Information

  • Argued 11/29/2005
  • Decided 03/17/2006
  • Published 03/17/2006

Judges

  • Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Don Rodney Kight, Jr., Asheville, North Carolina, for Appellants.  Justin Sanjeeve Antonipillai, Arnold & Porter, L.L.P., Washington, D.C., for Amicus Supporting Appellees.   ON BRIEF:  Elizabeth A. High, Arnold & Porter, L.L.P., Washington, D.C., for Amicus Supporting Appellees.
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