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CITY OF KINGSPORT v. SCM CORPORATION

Civ. A. No. 2639.

352 F.Supp. 288 (1972)

CITY OF KINGSPORT, etc., et al., Plaintiffs, v. SCM CORPORATION et al., Defendants.

United States District Court, E. D. Tennessee, Northeastern Division.

November 1, 1972.

Attorney(s) appearing for the Case

W. E. Weber, City Atty., H. E. Wilson, and Joe Worley, Kingsport, Tenn., for plaintiffs.

F. Allan Kelly, Kingsport, Tenn., Arthur G. Seymour, Knoxville, Tenn., John Peters, Cleveland, Ohio, M. Lacy West, Kingsport, Tenn., Christopher Christopher, Worcester, Mass., for defendants.

MEMORANDUM OPINION

NEESE, District Judge.

This is a removed, 28 U.S.C. § 1441 (a), diversity action, 28 U.S.C. §§ 1332 (a)(1), (c), for money damages for breach of a contract relating to the deficient construction of a roof on a school building. It was commenced on December 15, 1970.

Inter alia, the defendants claim that the plaintiffs' action is barred by the limitations of T.C.A. §§ 28-314, 28-315, 28-305, 47-2-725...

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