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MIDDLETON v. DAN RIVER, INC.

Nos. 85-7592, 85-7655.

834 F.2d 903 (1987)

Marion F. MIDDLETON, Plaintiff-Appellee, v. DAN RIVER, INC., Defendant-Appellant. Donald R. McCOY as personal representative for deceased party Eunice McCoy, Plaintiff-Appellee, v. DAN RIVER, INC., Defendant-Appellant. Clifton SMITH, Plaintiff-Appellee, v. DAN RIVER, INC., Defendant-Appellant. Ruby C. HILLIARD as personal representative for deceased party Lonnie Hilliard, Plaintiff-Appellee, v. DAN RIVER, INC., Defendant-Appellant. Zack SCHOFIELD, Plaintiff-Appellee, v. DAN RIVER, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 21, 1987.

Attorney(s) appearing for the Case

Warren B. Lightfoot, Bradley, Arant, Rose & White, Scott M. Phelps, Birmingham, Ala., for Dan River, Inc.

Rick Harris, Moore, Kendrick, Glassroth, Harris, Bush & White, Stephen R. Glassroth, Montgomery, Ala., for Middleton, McCoy, Smith, Hilliard and Schofield.

Before RONEY, Chief Judge, CLARK, Circuit Judge, and DOYLE, Senior District Judge.

PER CURIAM:

These consolidated diversity cases involve claims for workmen's compensation benefits for occupational pneumoconiosis under Alabama law. The district court awarded benefits to all five plaintiffs. Middleton v. Dan River, Inc., 617 F.Supp. 1206 (M.D.Ala.1985). Defendant appeals, asserting error in finding that (1) the statute of limitations did not bar three of the claims...

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