SAXTON v. ACF INDUSTRIES, INC.

No. 00-11047.

254 F.3d 959 (2001)

Major SAXTON, Jr., Mary Saxton, Plaintiffs-Appellants, v. ACF INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

DECIDED June 18, 2001.


Attorney(s) appearing for the Case

D. Leon Ashford, Hare, Wynn, Newell & Newton, Bruce J. McKee, Birmingham, AL, for Plaintiffs-Appellants.

J. Bradley Powell, Samuel H. Franklin, Lightfoot, Franklin, White & Lucas, Birmingham, AL, for Defendant-Appellee.

Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.


HULL, Circuit Judge:

In this diversity jurisdiction case, Major and Mary Saxton bring an appeal from the district court's grant of summary judgment to ACF Industries, Inc. ("ACF") on all of their claims based on Alabama's statute of limitations. The Saxtons contend that their third amended complaint was not barred by the statute of limitations, but was timely filed due to Alabama's law governing relation back of amendments. The Saxtons assert that, pursuant to Federal...

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