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VINSANT PAINTING & DECORATING, INC. v. KOPPERS CO., INC.

No. 86-7616 Non-Argument Calendar.

822 F.2d 1022 (1987)

VINSANT PAINTING & DECORATING, INC. and Tom Hirras, d/b/a Tom Hirras Contracting Company; & Vinsant Painting & Decorating Inc. and Tom Hirras, a joint venture, Plaintiffs-Appellees, v. KOPPERS COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 27, 1987.

Attorney(s) appearing for the Case

Larry O. Putt, Smyer, White, Taylor & Putt, Birmingham, Ala., for defendant-appellant.

Smith & Taylor, Richard W. Lewis, Tom Burgess, Birmingham, Ala., for plaintiffs-appellees.

Before RONEY, Chief Judge, HILL and KRAVITCH, Circuit Judges.

PER CURIAM:

After a jury verdict for $100,000 in punitive damages on a claim of fraud in connection with the sale of paint, the district court denied a motion for a judgment notwithstanding the verdict. Defendant Koppers Company, Inc. contends the underlying fraud claim brought by Vinsant Painting & Decorating, Inc. was time-barred by Alabama's statute of limitations. Under Alabama law, once the statute of limitations is pled as a defense, it is incumbent on the...

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