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CITY OF LAFAYETTE v. BATES

No. A98A1809.

507 S.E.2d 252 (1998)

234 Ga. App. 662

CITY OF LAFAYETTE v. BATES.

Court of Appeals of Georgia.

Reconsideration Denied October 7, 1998.

Certiorari Denied February 5, 1999.

Attorney(s) appearing for the Case

Elarbee, Thompson & Trapnell, J. Lewis Sapp, Laura K. Johnson, Atlanta, Ronald R. Womack, LaFayette, for appellant.

Cunningham & Mullinax, William D. Cunningham, LaFayette, for appellee.

JOHNSON, Presiding Judge.

J.W. Bates, a retired City employee, sued the City of Lafayette for breach of contract, seeking payment for the unused sick leave which he had accumulated at the time of his retirement. The City of Lafayette moved for summary judgment on the pleading contending that the claim was barred by the six-year statute of limitation applicable to simple contracts. OCGA § 9-3-24. The trial court denied...

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