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Nuccio v. Nuccio

Court: Court of Appeals for the First Circuit
Date filed: 1995-08-09
Citations: 62 F.3d 14
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10 Citing Cases
Combined Opinion
                  UNITED STATES COURT OF APPEALS

                      FOR THE FIRST CIRCUIT

                                           

No. 94-2184

                         KATHLEEN NUCCIO,

                      Plaintiff - Appellant,

                                v.

                           LUKE NUCCIO,

                      Defendant - Appellee.

                                           

           APPEAL FROM THE UNITED STATES DISTRICT COURT

                    FOR THE DISTRICT OF MAINE

           [Hon. David M. Cohen, U.S. Magistrate Judge]
                                                                

                                           

                              Before

                      Boudin, Circuit Judge,
                                                     

              John R. Gibson,* Senior Circuit Judge,
                                                             

                    and Stahl, Circuit Judge.
                                                      

                                           

     Toby  H.  Hollander,  with  whom  Law  Offices  of  Toby  H.
                                                                           
Hollander was on brief for appellant.
                   
     David  P. Very  with whom  Peter J.  DeTroy III  and Norman,
                                                                           
Hanson & DeTroy were on brief for appellee.
                         

                                           

                          June 27, 1996
                                           

                    
                              

*  Of the Eighth Circuit, sitting by designation.


            Per Curiam.   In  our opinion of  August 9,  1995, we
                                

certified  to the  Supreme Judicial  Court of  Maine pursuant  to

Maine Revised  Statute, 4 M.R.S.A.    57 (1989), the  question of

whether the facts in this case provide a basis to apply equitable

estoppel  so as  to toll  the statute  of limitations  during the

period of plaintiff's repressed memory.  We retained jurisdiction

of this appeal pending determination of the issues. 

          We certified this question: 

          Does a showing that a  plaintiff, who was the
          victim  of childhood  sexual abuse,  suffered
          repressed memory as a result of a defendant's
          threats  of  violence and  generally  violent
          nature,  her witnessing  acts of  violence by
          the defendant, and her fear of the defendant,
          provide  a  basis  for  the  application   of
          equitable estoppel so  as effectively to toll
          the statute of limitations  during the period
          that   the   plaintiff's    memories   remain
          repressed?

            The opinion of the Supreme Judicial Court of Maine of

April  8,  1996,  has answered  this  question  in the  negative,

stating that if Kathleen suffered repressed memory as a result of

the previously imposed violent conduct,  as she claims, this does

not at this  time equitably estop Luke from  invoking the statute

of limitations.

            Accordingly,  we affirm  the  order granting  summary
                                             

judgment  in favor  of Luke  Nuccio on  the basis that  the Maine

statute of limitations barred Kathleen Nuccio's suit.

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