Wilson v. Graham County Soil & Water Conserv., No. 03-1122.
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
| Writing for the Court | Wilkinson |
| Citation | 424 F.3d 437 |
| Decision Date | 22 September 2005 |
| Docket Number | No. 03-1122. |
| Parties | UNITED STATES of America ex rel. Karen T. WILSON, Plaintiff — Appellant, v. GRAHAM COUNTY SOIL & WATER CONSERVATION DISTRICT; Cherokee County Soil & Water Conservation District; Richard Greene; William Timpson; Keith Orr; Raymond Williams; Dale Wiggins; Gerald Phillips; Allen Dehart; Lloyd Millsaps; Jerry Williams; Billy Brown; Lynn Cody; Bill Tipton; C.B. Newton; Eddie Wood; Graham County, Defendants — Appellees, and Graham County Board of County Commissioners; Cherokee County Board of County Commissioners; Cherie Greene; Ricky Stiles; Betty Jean Orr; Joyce Lane; Jimmy Orr; Eugene Morrow; Charles Lane; Charles Laney; George Postell; Lloyd Kissleburg; Ted Orr; Bernice Orr; John Doe; John Doe Corporations, and defendant; Government Entities 1-99, Defendants. |
v.
GRAHAM COUNTY SOIL & WATER CONSERVATION DISTRICT; Cherokee County Soil & Water Conservation District; Richard Greene; William Timpson; Keith Orr; Raymond Williams; Dale Wiggins; Gerald Phillips; Allen Dehart; Lloyd Millsaps; Jerry Williams; Billy Brown; Lynn Cody; Bill Tipton; C.B. Newton; Eddie Wood; Graham County, Defendants — Appellees, and
Graham County Board of County Commissioners; Cherokee County Board of County Commissioners; Cherie Greene; Ricky Stiles; Betty Jean Orr; Joyce Lane; Jimmy Orr; Eugene Morrow; Charles Lane; Charles Laney; George Postell; Lloyd Kissleburg; Ted Orr; Bernice Orr; John Doe; John Doe Corporations, and defendant; Government Entities 1-99, Defendants.
Mark Tucker Hurt, Abingdon, VA, for Plaintiff-Appellant.
Ben Oshel Bridgers, Haire & Bridgers, PA, Sylva, NC, Christopher G. Browning, Jr., Solicitor General, Jill Beth Hickey, Assistant Attorney General, North Carolina Department of Justice, Raleigh, NC, Roy H. Patton, Jr., Canton, NC, William Timpson, Marble, NC, Zeyland G. McKinney, Jr., Robbinsville, NC, Scott Douglas MacLatchie, Sean Francis Perrin, Womble, Carlyle, Sandridge & Rice, PLLC, Charlotte, NC, for Defendants-Appellees.
WILKINSON.
This case comes to us on remand from the Supreme Court. Graham County Soil & Water Conservation Dist. v. United States, ___ U.S. ___, 125 S.Ct. 2444, 162 L.Ed.2d 390 (2005). In accordance with that decision, we in turn remand the case to the district court with directions to dismiss it as time-barred under North Carolina's three-year statute of limitations for wrongful discharge. See N.C. Gen.Stat. § 1-52(5) (2003); Renegar v. R.J. Reynolds Tobacco Co., 145 N.C.App. 78, 549 S.E.2d 227, 229 (2001).
Entered at the direction of Judge Wilkinson, with the concurrence...
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GRAHAM COUNTY SOIL, WATER v. US ex rel. Wilson, No. 08-304.
...Wilson, 545 U.S. 409, 125 S.Ct. 2444, 162 L.Ed.2d 390 (2005), the Court of Appeals ordered that that claim be dismissed as time barred. 424 F.3d 437 (C.A.4 2005). On remand, the District Court subsequently dismissed Wilson's qui tam action for lack of jurisdiction. App. to Pet. for Cert. 95......
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U.S. ex rel. Smith v. Yale University, No. 3:00CV1359 (PCD).
...limitations period applied by the Fourth Circuit on remand. See United States ex rel. Wilson v. Graham Cty. Soil & Water Conserv. Dist., 424 F.3d 437 (4th Connecticut also recognizes a common law tort claim for wrongful discharge "where the discharge contravenes a clear mandate of public po......
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Graham Cnty. Soil & Water Conservation Dist. v. United States ex rel. Wilson, No. 08–304.
...Wilson, 545 U.S. 409, 125 S.Ct. 2444, 162 L.Ed.2d 390 (2005), the Court of Appeals ordered that that claim be dismissed as time barred. 424 F.3d 437 (C.A.4 2005). On remand, the District Court subsequently dismissed Wilson's qui tam action for lack of jurisdiction. App. to Pet. for Cert. 95......
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Yashenko v. Harrah's Nc Casino Co., LLC, No. 05-1256.
...discharge claim will not expire until July 2006. See United States ex rel. Wilson v. Graham County Soil & Water Conservation Dist., 424 F.3d 437, 437 (4th Cir.2005). Accordingly, we see no basis for finding an abuse of discretion in the district court's decision dismissing this state law cl......
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6 cases
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GRAHAM COUNTY SOIL, WATER v. US ex rel. Wilson, No. 08-304.
...Wilson, 545 U.S. 409, 125 S.Ct. 2444, 162 L.Ed.2d 390 (2005), the Court of Appeals ordered that that claim be dismissed as time barred. 424 F.3d 437 (C.A.4 2005). On remand, the District Court subsequently dismissed Wilson's qui tam action for lack of jurisdiction. App. to Pet. for Cert. 95......
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U.S. ex rel. Smith v. Yale University, No. 3:00CV1359 (PCD).
...limitations period applied by the Fourth Circuit on remand. See United States ex rel. Wilson v. Graham Cty. Soil & Water Conserv. Dist., 424 F.3d 437 (4th Connecticut also recognizes a common law tort claim for wrongful discharge "where the discharge contravenes a clear mandate of public po......
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Graham Cnty. Soil & Water Conservation Dist. v. United States ex rel. Wilson, No. 08–304.
...Wilson, 545 U.S. 409, 125 S.Ct. 2444, 162 L.Ed.2d 390 (2005), the Court of Appeals ordered that that claim be dismissed as time barred. 424 F.3d 437 (C.A.4 2005). On remand, the District Court subsequently dismissed Wilson's qui tam action for lack of jurisdiction. App. to Pet. for Cert. 95......
-
Yashenko v. Harrah's Nc Casino Co., LLC, No. 05-1256.
...discharge claim will not expire until July 2006. See United States ex rel. Wilson v. Graham County Soil & Water Conservation Dist., 424 F.3d 437, 437 (4th Cir.2005). Accordingly, we see no basis for finding an abuse of discretion in the district court's decision dismissing this state law cl......
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