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VALLEY CEMENT INDUSTRIES, INC. v. MIDCO EQUIPMENT CO.

No. 76-3370.

570 F.2d 1241 (1978)

VALLEY CEMENT INDUSTRIES, INC., Plaintiff-Appellant, v. MIDCO EQUIPMENT COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 22, 1978.

Attorney(s) appearing for the Case

Vardaman S. Dunn, Jackson, Miss., for plaintiff-appellant.

Lawrence J. Franck, Jackson, Miss., for defendant-appellee.

Before HILL, RUBIN and VANCE, Circuit Judges.

Rehearing Denied May 22, 1978. See 573 F.2d 308.

ALVIN B. RUBIN, Circuit Judge:

The issue presented in this diversity case is whether the plaintiff's 1972 suit on a credit memorandum issued to it in 1958 by the defendant is barred by Mississippi's statute of limitations or by laches. The plaintiff appeals from a judgment below holding that it was, and we affirm.

Mississippi Valley Portland Cement Co. ("Mississippi...

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