Randy Gallagher v. Allied Weldery, Inc. Wes Warren

972 F.2d 1339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Randy GALLAGHER, Plaintiff-Appellant, v. ALLIED WELDERY, INC.; Wes Warren, Defendants-Appellees. No. 91-35594. United States Court of Appeals, Ninth Circuit. Submitted Aug. 20, 1992. * Decided Aug. 26, 1992. Before EUGENE A. WRIGHT, BEEZER and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Randy Gallagher, the appellant, argues that the district court erred when it failed to apply Idaho's "choice of law" rules in granting the appellees' motion for summary judgment. The court granted the motion on the ground that this diversity action was barred by Idaho's two-year statute of limitations, Idaho Code § 5-219 . 1 3 Gallagher urges that we analyze the Idaho statute of limitations as a substantive rather than as a procedural provision, and thereby conclude that Montana's three-year statute of limitations applies under choice of law principles. However, the Supreme Court has squarely rejected any mandate that a statute…