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ATLAS FOOD SYSTEMS AND SERVICES v. CRANE NAT. VENDORS

No. 24318.

462 S.E.2d 858 (1995)

ATLAS FOOD SYSTEMS AND SERVICES, INC., Plaintiff, v. CRANE NATIONAL VENDORS DIVISION OF UNIDYNAMICS CORPORATION and Conlux USA Corporation, Defendants.

Supreme Court of South Carolina.

Decided September 18, 1995.

Attorney(s) appearing for the Case

David W. Holmes, of Holmes Law Firm; and Kurt Tavernier, Greenville; and Nicholas S. Papleacos, of Shapiro, Fussell, Wedge, Smotherman & Martin, Atlanta, for plaintiff Atlas Food Systems and Services, Inc.

George K. Lyall, A. Marvin Quattlebaum, Jr., and Denise C. Yarborough, all of Nelson, Mullins, Riley & Scarborough, L.L.P., Greenville, for defendant Crane National Vendors, Division of Unidynamics Corporation.

O. Doyle Martin and Natalma M. McKnew, both of Leatherwood, Walker, Todd & Mann, Greenville; and Louis B. Kimmelman, of O'Melveny & Myers, New York City, for defendant Conlux USA Corporation.

FINNEY, Chief Justice:

This certified question presents one question of law arising under the Uniform Commercial Code1 (U.C.C.): Is the applicable statute of limitations that found in the U.C.C. at S.C.Code Ann. § 36-2-725 (1976) or is it the general statute of limitations, S.C.Code Ann. § 15-3-530 (Supp.1994)? We hold that the U.C.C. statute of limitations applies.

The U.C.C. statute of limitations is six years, §...

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