DELON HAMPTON & ASSOCIATES v. WMATA

No. 90-2047.

943 F.2d 355 (1991)

DELON HAMPTON & ASSOCIATES, CHARTERED; Envirodyne Engineers, Incorporated, Plaintiffs-Appellees, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 6, 1991.


Attorney(s) appearing for the Case

Gerard J. Stief, Associate Gen. Counsel, Washington Metropolitan Area Transit Authority, Washington, D.C., argued (Thomas B. Dorrier, Associate Gen. Counsel, Arnold I. Melnick, Deputy Gen. Counsel, Robert L. Polk, Gen. Counsel, Francis R. Filiatreau, Linda Lazarus, Colin M. Dunham, Washington Metropolitan Area Transit Authority, Washington, D.C., on brief) for defendant-appellant.

Bruce Earl Titus, Venable, Baetjer & Howard, McLean, Va., argued (Lindsay B. Meyer, McLean, Va., on brief for plaintiff-appellee Delon Hampton & Associates; Barry L. Kroll, Williams & Montgomery, Ltd., Chicago, Ill., on brief for plaintiff-appellee Envirodyne Engineers), for plaintiffs-appellees.

Mary Sue Terry, Atty. Gen. of Va., H. Lane Kneedler, Chief Deputy Atty. Gen., Gail Starling Marshall, Deputy Atty. Gen., Guy W. Horsley, Jr., Senior Asst. Atty. Gen., Richmond, Va., for amicus curiae.

Before SPROUSE and WILKINSON, Circuit Judges, and HOUCK, District Judge for the District of South Carolina, sitting by designation.


OPINION

SPROUSE, Circuit Judge:

The question we decide is whether the district court correctly determined that the Washington Metropolitan Area Transit Authority's ("WMATA") claim against an architectural and engineering firm was barred by Virginia's statute of limitations and statute of repose. Holding that the statutes did not bar WMATA's claim, we reverse.

Delon Hampton & Associates and Envirodyne Engineers, Inc.,1

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