District Court, D. Massachusetts October 27, 1978, Civ. A. 74-4955-W (Ware v. Colonial Provision Co., Inc.)

OPINION

WYZANSKI, District Judge.

Pursuant to Rule 12(c) Fed.R.Civ.P., defendant moves for judgment on the ground that plaintiff’s 42 U.S.C. § 1981 claim was not made within the time limitation provided for tort actions by Mass.G.L. c. 260 § 2A. Plaintiff contends that the applicable time limitation is that provided for contract actions by Mass.G.L. c. 260 § 2.