Wagh v. Dennis

Eighth Circuit

Wagh v. Dennis

677 F.2d 666, 1982 U.S. App. LEXIS 19368

Court of Appeals for the Eighth Circuit·Decided May 11, 1982·No. No. 81-1534·Published·Cited by 1 cases

Opinion

PER CURIAM.

Premanand V. Wagh appeals the dismissal by the district court¹ of his complaint asserting a claim under 42 U.S.C. §§ 1981 and 1983 as being barred by the three-year Arkansas statute of limitations governing liabilities created by statute. Ark.Stat. Ann. § 37-206. We affirm.

Appellant asserts that since his case involves termination of his written employment contract that the five-year Arkansas statute of limitations governing actions on written contracts should control. Ark.Stat. Ann. § 37-209. This argument is without merit. The choice between sections 37-209 and 37-206 for a civil rights action involving termination or non-renewal of an employment contract has been presented to this court on several occasions and each time this court has held that the appropriate statute of limitations is section 37-206. Marshall v. Kirkland, 602 F.2d 1282 (8th Cir. 1979); Martin v. Georgia-Pacific Corp., 568 F.2d 58 (8th Cir. 1977); Clark v. Mann, 562 F.2d 1104 (8th Cir. 1977).

Accordingly, the judgment of the district court is affirmed.

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PER CURIAM.

Premanand V. Wagh appeals the dismissal by the district court¹ of his complaint asserting a claim under 42 U.S.C. §§ 1981 and 1983 as being barred by the three-year Arkansas statute of limitations governing liabilities created by statute. Ark.Stat. Ann. § 37-206. We affirm.

Appellant asserts that since his case involves termination of his written employment contract that the five-year Arkansas statute of limitations governing actions on written contracts should control. Ark.Stat. Ann. § 37-209. This argument is without merit. The choice between sections 37-209 and 37-206 for a civil rights action involving termination or non-renewal of an employment contract has been presented to this court on several occasions and each time this court has held that the appropriate statute of limitations is section 37-206. Marshall v. Kirkland, 602 F.2d 1282 (8th Cir. 1979); Martin v. Georgia-Pacific Corp., 568 F.2d 58 (8th Cir. 1977); Clark v. Mann, 562 F.2d 1104 (8th Cir. 1977).

Accordingly, the judgment of the district court is affirmed.

Wagh v. Dennis, 677 F.2d 666, 1982 U.S. App. LEXIS 19368 (8th Cir. 1982).

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Opinion

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