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CITY OF BEDFORD v. JAMES LEFFEL & CO.

No. 76-2291.

558 F.2d 216 (1977)

CITY OF BEDFORD, Appellant, v. The JAMES LEFFEL & CO., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1977.

Attorney(s) appearing for the Case

Philip L. Chabot, Jr., Washington, D. C. (Northcutt Ely, Washington, D. C., on brief), and Roy B. Thorpe, Jr., for appellant.

Joseph A. Matthews, Jr., and Ronald M. Ayers, Roanoke, Va. (Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., on brief), for appellee.

Before RUSSELL, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

DONALD RUSSELL, Circuit Judge:

In this diversity contract action, plaintiff, the City of Bedford, Virginia, appeals from the district court's order, entered on defendant's motion for summary judgment, holding that its claim is barred by the Virginia Uniform Commercial Code's four-year statute of limitations. For the reasons which follow, we vacate the entry of summary judgment and remand for further proceedings.

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