WALKER MFG. CO. v. DICKERSON, INC.

No. 76-2312.

560 F.2d 1184 (1977)

WALKER MANUFACTURING COMPANY, a Division of Tenneco, Inc., Appellant, v. DICKERSON, INC., Appellee. SEABOARD SURETY COMPANY, a corporation, Defendant, v. PIEDMONT ENGINEERING & ARCHITECTS, INC., also d/b/a Piedmont Engineers & Architects, Edward's Roofing & Sheet Metal Co., a corp., also d/b/a Edward's Sheet Metal Co., the Celotex Corp., Third-party defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1977.


Attorney(s) appearing for the Case

James P. Erwin, Jr., Asheville, N. C. (McGuire, Wood, Erwin & Crow, Asheville, N. C., on brief), for appellant.

Robert B. Cordle, Charlotte, N. C. (Helms, Mulliss & Johnston, Charlotte, N. C., Koy E. Dawkins, Dawkins & Glass, Monroe, N. C., on brief), for appellee.

Before WINTER, BUTZNER and HALL, Circuit Judges.


WINTER, Circuit Judge:

Walker Manufacturing Co. (Walker) appeals from an order of the district court declaring that its action for breach of contract was time-barred, and directing a verdict for the defendant, Dickerson, Incorporated (Dickerson). Walker maintains that (1) the district court applied the incorrect statute of limitations under North Carolina law; and (2) improperly withheld the issue of equitable estoppel from jury consideration. We reverse and remand...

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