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Chenevert v. Springer

Appellants appeal the district court's dismissal of this case on prescription grounds. The suit is based on allegations of molestation that occurred more than 25 years ago. Plaintiffs argue that contra non valentem applies because their memories of the abuse they suffered were repressed, preventing them from knowing about their causes of action. The depositions that plaintiffs gave in a related state court matter make clear that plaintiffs' memories of the abuse they allege were not repressed. Further discovery on the subject of repressed memory would not create a genuine issue of material fact. The district court's dismissal is affirmed. 5th U.S. Circuit Court of Appeals, No. 10-30791, 06-27-2011

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United States Court of Appeals Fifth Circuit

Lyle W. Cayce Clerk

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