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EXEL TRANSP. SERVICES v. SIGMA VITA, INC.

No. A07A1516.

654 S.E.2d 665 (2007)

EXEL TRANSPORTATION SERVICES, INC. v. SIGMA VITA, INC.

Court of Appeals of Georgia.

November 21, 2007.

Attorney(s) appearing for the Case

Hall, Booth, Smith & Slover, Mark A. Barber, W. Scott Henwood, Atlanta, Annette Felice Simelaro, Marietta, for appellant.

Hall & Kirkland, Joseph M. Hall, DuAnn C. Davis, Reidsville, for appellee.

BERNES, Judge.

In this suit to recover on an open account, Sigma Vita, Inc., a motor carrier, sued Exel Transportation Services, Inc., a shipment broker. Both parties moved for summary judgment. The trial court granted Sigma's motion and denied Exel's. Exel contends that the trial court's rulings were erroneous because Sigma's claim was barred by the expiration of the 18-month statute of limitation set forth in 49 U.S.C. § 14705(a). We agree and reverse.

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