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AUGUSTA IRON & STEEL WORKS, INC. v. U.S. FIDELITY & GUAR. CO.

No. 85-8899.

790 F.2d 852 (1986)

AUGUSTA IRON & STEEL WORKS, INC., Plaintiff-Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant-Appellee and Third Party Plaintiff, v. Warren E. QUARLES, Sr., et al., Third Party Defendants.

United States Court of Appeals, Eleventh Circuit.

June 2, 1986.

Attorney(s) appearing for the Case

Sidney R. Barrett, Jr., Atlanta, Ga., for defendant-appellee and third party plaintiff.

Patricia Warren Booker, Ted Clarkston, Augusta, Ga., plaintiff-appellant.

Before JOHNSON and ANDERSON, Circuit Judges, and GARZA, Senior Circuit Judge.

PER CURIAM:

Augusta Iron & Steel Works, Inc. ("Augusta") sued United States Fidelity & Guaranty Company ("USF & G") on a bond which covered a public works construction project being performed for the Georgia Department of Transportation ("DOT"). USF & G raised a statute of limitations defense. The Official Code of Georgia Annotated § 36-82-105 (1982) provides as follows:

No action can be instituted...

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