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VALLEY CEMENT INDUSTRIES, INC. v. MIDCO EQUIPMENT COMPANY

No. 76-3370.

573 F.2d 308 (1978)

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

United States Court of Appeals, Fifth Circuit.

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.

ON PETITION FOR REHEARING

(Opinion April 6, 1978, 5 Cir., 1978, 570 F.2d 1241).

PER CURIAM:

In its petition for rehearing, Valley Cement Industries, Inc. urges that Euclid-Memphis Sales, Inc., now Midco Equipment Company, waived the applicable statute of limitations. This contention is without merit.

Valley Cement argues that the actions of R. A. Trippeer, Sr. are consistent only with a finding of waiver...

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