Legal Opinion
Valley Cement Industries, Inc. v. Midco Equipment Company
Court of Appeals for the Fifth Circuit
Decided May 22, 1978No. 76-3370PublishedCited by 2 opinions
1Opinion of the Court
ON PETITION FOR REHEARING
(Opinion April 6, 1978, 5 Cir., 1978, 570 F.2d 1241).
2Per curiam
In its petition for rehearing, Valley Cement Industries, Inc. urges that Euclid-Memphis Sales, Inc., now Midco Equipment Company, waived the applicable statute of limitations. This contention is without merit.
Valley Cement argues that the actions of R. A. Trippeer, Sr. are consistent only with a finding of waiver. The trial court disagreed. It concluded, not clearly erroneously, that the evidence as to Trippeer’s knowledge, acquiescence, and intention with regard to the memorandum in question was conflicting.
Valley…
3Cases cited3 opinions
- Davis v. BARR, STATE TAX COMM.Mississippi Supreme Court · 1963
- Valley Cement Industries, Inc. v. Midco Equipment CompanyCourt of Appeals for the Fifth Circuit · 1978
- Davis v. DavisMississippi Supreme Court · 1950
4Cited by2 opinions
- In re Domestic Air Transportation Antitrust LitigationDistrict Court, N.D. Georgia · 1991
- Fidelino v. SadhwaniNorthern Mariana Islands Commonwealth Trial Court · 1988