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Plaintiff appealed the grant of summary judgment for defendant. Plaintiff filed suit alleging defendant had breached the parties’ contract by failing to maintain several bridges. The district court granted summary judgment for defendant, ruling that plaintiff’s breach of contract claim was barred by the applicable five-year statute of limitations. On appeal, plaintiff argued that the 10-year limitations period applied because it was seeking an equitable remedy.
Where courts had previously declined to apply the 10-year limitations period for claims of specific performance, the district court properly applied the five-year breach of contract statute of limitations where more than five years had passed since plaintiff made written demand upon defendant to repair the bridges.
Judgment is affirmed.
City of Carthage v. Union Pacific Railroad Co. (MLW No. 79527/Case No. 22-2238 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, Western District of Missouri, Gaddy, J. (Barry L. Pickens, of Overland Park, KS, for appellant; Melissa Hoag Sherman, of Overland Park, KS, on the brief) (Wayne Lindsey Robbins, Jr., of Southlake, TX, for appellee)
