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SUMMERHILL v. TERMINIX, INC.

No. 09-3691.

637 F.3d 877 (2011)

Charles SUMMERHILL, on behalf of himself and all others similarly situated, Appellant, v. TERMINIX, INC.; Terminix International Company, LP; Terminix International, Inc.; ServiceMaster Company; ServiceMaster Consumer Services, LP; ServiceMaster Consumer Services, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 24, 2011.

Attorney(s) appearing for the Case

Thomas F. Campbell , argued, Raymond L. Bronner , on the brief, Birmingham, AL, for appellant.

Dan F. Bufford , argued, Brian A. Brown , on the brief, Little Rock, AR, for appellee Terminix, Inc.

David R. Creagh , argued, Stephen R. Swofford , David J. Richards and Kimberly A. Jansen , on the brief, Chicago, IL, for the other appellees.

Before BYE, BEAM, and SMITH, Circuit Judges.

BEAM, Circuit Judge.

Charles Summerhill (Summerhill), the named plaintiff in a purported class action lawsuit against Terminix,1 appeals the district court's2 dismissal of his first amended complaint as time-barred because Summerhill failed to sufficiently plead that the Arkansas doctrine of fraudulent concealment saves his otherwise stale claims. We affirm.

I. BACKGROUND

On June 16, 2008...

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