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RCI CONTRACTORS & ENGINEERS, INC. v. JOE RAINERO TILE COMPANY, INC.

Case No. 1:09CV00054.

677 F.Supp.2d 914 (2009)

RCI CONTRACTORS & ENGINEERS, INC., Plaintiff, v. JOE RAINERO TILE COMPANY, INC., et al., Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

January 11, 2010.

Attorney(s) appearing for the Case

A. Benton Chafin, Jr., Chafin Law Firm, Lebanon, VA, and Timothy R. Wadsworth, Tim R. Wadsworth Law Offices, Sulligent, AL, for Plaintiff.

Howard C. McElroy, McElroy, Hodges & Caldwell, Abingdon, VA, for Defendant Kaiser Building Products, Ltd.

OPINION AND ORDER

JAMES P. JONES, Chief District Judge.

In this products liability action arising under Virginia law, the principal issue is whether a claim for breach of implied warranty is barred by the U.C.C.'s four-year statute of limitations. Because I find that the period of limitations was tolled during the pendency of a lawsuit filed in state court, I hold that the action is not barred.

I

The plaintiff, RCI Contractors & Engineers...

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