Opinion
No. 74-1212.
Submitted September 30, 1974.
Decided October 24, 1974.
Robert G. Wolpert, Charleston, W. Va., on brief for appellants.
Arthur T. Ciccarello, W. T. O'Farrell and Jackson, Kelly, Holt O'Farrell, Charleston, W. Va., on brief for appellees.
Appeal from the United States District Court for the Southern District of West Virginia.
Before BRYAN, Senior Circuit Judge, WINTER and RUSSELL, Circuit Judges.
Fraudulent conversion of plaintiffs' personal property with incidental personal injuries is here laid to the defendants and damages are sought from them. On defendants' motion for summary judgment the District Court found that the property had been lawfully seized and sold by the defendants on January 18, 1971 in the proper enforcement of a storage lien accorded them by the laws of West Virginia. Dispositively, the Court concluded that since the instant action had not been filed until January 24, 1973, it was barred by the State's two-year statute of limitations, Code ch. 55, art. 2, § 12. Judgment followed on the motion and we perceive no error.
Upon the District Judge's Memorandum Order we affirm. Mansour et al. v. Reeves Buildings, Inc. et al., 383 F. Supp. 482 (S.D.W.Va. 1973).
Affirmed.