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WADLEY CRUSHED STONE COMPANY, LLC v. POSITIVE STEP

No. 21-11002.

34 F.4th 1251 (2022)

WADLEY CRUSHED STONE COMPANY, LLC, an Alabama Limited Liability Company, Plaintiff-Counter Defendant-Appellant, v. POSITIVE STEP, INC., a Georgia Corporation d.b.a. 1st Quality Equipment Company, Defendant-Counter Claimant-Appellee, 1st Quality Equipment Company, Inc., Defendant-Counter Claimant, Thomas W. Curley, Defendant.

United States Court of Appeals, Eleventh Circuit.

Filed: May 24, 2022.

Attorney(s) appearing for the Case

Michael Sansbury , Emily J. Tidmore , Spotswood Sansom & Sansbury, LLC, Birmingham, AL, Jonathan Griffith , Albert L. Jordan , Oscar M. Price, III , Wallace, Jordan, Ratliff & Brandt, LLC, Birmingham, AL, for Plaintiff-Counter Defendant-Appellant.

William Jackson Britton , James Northcutt Walter, Jr. , Capell & Howard, PC, Montgomery, AL, Charles D. Gabriel , Attorney, Chalmers & Adams, LLC, Johns Creek , GA, Robert T. Meadows, III , Capell & Howard, PC, Opelika, AL, for Defendant-Counter Claimant-Appellee.

Before Newsom, Tjoflat, and Hull, Circuit Judges.

This is a case about whether Wadley Crushed Stone Company, LLC, ("Wadley") has filed its breach of contract claim against 1st Quality Equipment Company ("1st Quality") within the applicable statute of limitations. And the applicable statute of limitations depends on whether the...

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