GAF CORP. v. COUNTY SCH. BD., ETC.

No. 80-1059.

629 F.2d 981 (1980)

GAF CORPORATION, a Delaware Corporation, Appellant, v. COUNTY SCHOOL BOARD OF WASHINGTON COUNTY, VIRGINIA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1980.


Attorney(s) appearing for the Case

Richard M. Thomas, Roanoke, Va. (William B. Poff, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., on brief), for appellant.

William W. Eskridge, Abingdon, Va. (Wade W. Massie, Penn, Stuart, Eskridge & Jones, Abingdon, Va., on brief), for appellee.

Before RUSSELL, WIDENER and PHILLIPS, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

On this interlocutory appeal defendant GAF Corporation challenges the district court's determination that plaintiff School Board properly invoked the provisions of Virginia's Unauthorized Insurers Process Act, Va.Code § 38.1-63 et seq., in serving process on defendant in this diversity action. We conclude that the Act is not applicable to GAF, reverse and remand to the district court, 478 F.Supp...

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