Robbin v. Fluor Corporation

835 F.2d 213 9 Fed.R.Serv.3d 1203 Leon ROBBIN, on his own behalf and on behalf of all persons similarly situated, Plaintiff-Appellant, v. FLUOR CORPORATION and Fluor Acquisition Corporation, Defendants-Appellees, and Richard B. Humbert, Defendant. No. 86-6079. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 5, 1987. * Decided Dec. 28, 1987. John J. Stumreiter of Rosenfeld, Meyer & Susman, Beverly Hills, Cal., Stuart D. Wechsler and Zachary A. Starr of Goodkind, Wechsler, Labaton & Rudoff and Joseph H. Weiss, New York City, for plaintiff-appellant Leon Robbin. James H. Berry, Jr. of Jones, Day, Reavis & Pogue, Los Angeles, Cal., for defendants-appellees Fluor Corp. and Fluor Acquisition Corp. Appeal from the United States District Court for the Central District of California. Before SKOPIL, PREGERSON and KOZINSKI, Circuit Judges. SKOPIL, Circuit Judge: 1 We are asked on this appeal to determine whether the pendency of a class action tolls the applicable statutes of limitation for a subsequently filed class action and individual action. The district court held that the class action was time barred because the pendency of a similar action did not…