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ZAENO INTERN., INC. v. STATE FARM FIRE AND CAS.

No. CIV.A. 01-507-A.

152 F.Supp.2d 882 (2001)

ZAENO INTERNATIONAL, INC., d/b/a Milano, Plaintiff, v. STATE FARM FIRE AND CASUALTY, Defendant.

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

August 9, 2001.

Attorney(s) appearing for the Case

Kevin Aloysius Kernan, O'Brien Butler McConihe & Schaefer P.L.L.C., Washington, D.C., for Plaintiffs or Petitioners.

Ethel Kay Fuller, Paul Benedict Weiss, Martin & Seibert, L.C., Martinsburg, WV, for Defendants or Respondents.

MEMORANDUM OPINION

ELLIS, District Judge.

At issue on summary judgment in this diversity action on an insurance policy is whether the nonsuit tolling provision in Virginia Code § 8.01-229(E)(3) operates to toll the running of the two-year limitations period included in the policy by statutory command.

I.

This action arises out of an insurance contract between plaintiff, Zaeno International, Inc. ("Zaeno") and defendant, State...

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