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DEKALB COUNTY v. C.W. MATTHEWS CONTRACTING

No. A01A2361.

562 S.E.2d 228 (2002)

254 Ga. App. 246

DEKALB COUNTY v. C.W. MATTHEWS CONTRACTING COMPANY, INC.

Court of Appeals of Georgia.

March 13, 2002.

Attorney(s) appearing for the Case

Miles, McGoff & Moore, Dana B. Miles, Atlanta, Joan F. Roach, Decatur, Daniel S. Digby, for appellant.

Moore, Ingram, Johnson & Steele, Marietta, William R. Johnson, Atlanta, for appellee.

PHIPPS, Judge.

DeKalb County sued C.W. Matthews Contracting Company, Inc. (Matthews) to recover expenses it incurred in repairing one of its sewer pipes that Matthews had punctured. The trial court held that the action was barred by the statute of limitation and granted summary judgment to Matthews. DeKalb County appeals. We vacate the judgment as premature and remand for consideration of whether the statute of limitation was tolled by any fraudulent concealment by...

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