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CHEROKEE CARPET MILLS, INC. v. MANLY JAIL WORKS, INC.

No. 74-343.

521 S.W.2d 528 (1975)

CHEROKEE CARPET MILLS, INC., Appellant, v. MANLY JAIL WORKS, INC., Appellee.

Supreme Court of Arkansas.

April 21, 1975.

Attorney(s) appearing for the Case

Mays & Landers, El Dorado, for appellant.

Arnold, Arnold & Lavender, Ltd., Texarkana, for Manly Jail Works, Inc.

BYRD, Justice.

The sole issue on this appeal is whether a contract with appellee, Manly Jail Works, Inc.,1 to design and construct a 12,122 gallon water tank for use in the carpet plant of appellant, Cherokee Carpet Mills, Inc., is subject to the 5 year statute of limitations set forth in Ark.Stat.Ann. § 37-237 (Supp.1973). That statute provides:

"No action in contract (whether oral or written, sealed or unsealed)...

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