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STATE OF TEX. v. ALLAN CONST. CO., INC.

No. 87-1766.

851 F.2d 1526 (1988)

The STATE OF TEXAS, Plaintiff-Appellant, v. ALLAN CONSTRUCTION COMPANY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 17, 1988.

Attorney(s) appearing for the Case

Allene D. Evans, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for plaintiff-appellant.

Paul J. Van Osselaer, Geoffrey Amsel, Judith Northcutt Osborne, Shapiro, Edens & Cook, Austin, Tex., for defendants-appellees.

Before BROWN, KING, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this antitrust action, the State of Texas alleges that the defendants participated in a scheme to rig the bidding on state highway construction projects. The district court granted summary judgment for defendants, finding that the action was barred by the statute of limitations. The court rejected the State's contention that the statute was tolled by fraudulent concealment, finding that the State's only evidence of concealment...

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