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NATHAN RODGERS CONST. v. CITY OF SARALAND, ALA.

No. 80-7670.

670 F.2d 16 (1982)

NATHAN RODGERS CONSTRUCTION & REALTY CORP., Plaintiff-Appellant, v. CITY OF SARALAND, ALABAMA, a municipal corporation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

February 23, 1982.

Attorney(s) appearing for the Case

Diamond, Lattof, Gardner, Pate & Peters, J. Cecil Gardner, Mobile, Ala., for plaintiff-appellant.

Richard L. Thiry, Mobile, Ala., for defendants-appellees.

R. Frank Ussery, Asst. Atty. Gen., Charles A. Graddick, Atty. Gen., Montgomery, Ala., for amicus curiae.

Before GODBOLD, Chief Judge, TJOFLAT and THOMAS A. CLARK, Circuit Judges.

Opinion on Denial of Rehearing. See 676 F.2d 162.

GODBOLD, Chief Judge:

The sole issue in this appeal is whether this suit, based on 42 U.S.C. § 1983 and brought by Nathan Rodgers Construction & Realty Corp. (Rodgers) against the City of Saraland, its mayor, and the members of its city council, was barred by the statute of limitations.

January 25, 1979 Rodgers was denied a sewer connection permit for its planned...

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