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POPP v. ARCHBELL

Civ. A. 1421.

108 F.Supp. 571 (1952)

POPP v. ARCHBELL

United States District Court E. D. Virginia, Norfolk Division.

October 28, 1952.

Attorney(s) appearing for the Case

Macie V. Marlowe and Louis B. Fine, Norfolk, Va., for plaintiff.

H. M. Woodward, Norfolk, Va., for defendant.

BRYAN, District Judge.

Before the institution of this action the plaintiff had taken a voluntary non-suit in an action commenced by him in a State court of Virginia against the present defendant upon the same claim, and the defendant now moves to dismiss, contending that the action is not maintainable in this court, because of the Virginia statute,1 which reads as follows:

"* * * And after a non-suit no new proceeding on the same...

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