Topel Blueprinting Corp. v. Bryant

SCHWELB, Associate Judge,

concurring in part and concurring in the judgment.

In my opinion, the court’s disposition of the case on the merits in Part II B of the opinion makes it unnecessary to reach the question whether Topel’s claim is time-barred. In fact, the entire discussion of that issue in Part IIA is obiter dictum and I would omit it. On the merits of the non-dispositive issued that the majority has nevertheless decided to address, however, I agree that Topel’s claim was not untimely-