Telerian Corporation v. International Brotherhood of Electrical Workers, Local No. 6

977 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TELERIAN CORPORATION, Plaintiff-Appellee, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO. 6, Defendant-Appellant. No. 90-16592. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1992. * Decided Oct. 20, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 1. The Appropriate Statute of Limitations 2 In International Union of Operating Engineers v. Fischbach and Moore, Inc., 350 F.2d 936, 939 (9th Cir.1965), cert. denied, 384 U.S. 904 (1966), we held that California's three-year statute of limitations, for suits based on liability created by statute, governs an action brought under section 303 of the Labor Management Relations Act, 29 U.S.C. § 187 (1988). We specifically rejected the application of a six-month period, borrowed from section 10(b) of the LMRA, 29 U.S.C. § 160 (b). Id. at 937-38 . Local 6 argues, however, that Fischbach and Moore should be…