NATHAN RODGERS CONSTRUCTION & REALTY CORP. v. CITY OF SARALAND, ALABAMA

No. 80-7670.

676 F.2d 162 (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

May 17, 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., amicus.

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


ON PETITION FOR REHEARING

GODBOLD, Chief Judge:

Appellant correctly notes that we requested supplemental briefs on its contention made for the first time in oral argument that the statute of limitations was tolled while its state judicial remedies were being exhausted. The tolling argument made to us was not, however, clearly addressed to the district court. Although that court used the term "tolling," appellant's contention before the district court was...

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