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STRICKLAND v. SIMPKINS

Record No. 781618.

273 S.E.2d 539 (1981)

James C. STRICKLAND v. Jesse Howard SIMPKINS.

Supreme Court of Virginia.

January 16, 1981.

Attorney(s) appearing for the Case

Stephen C. St. John, Norfolk (Williams, Worrell, Kelly & Greer, Norfolk, on brief), for appellant.

Maurice Steingold, Norfolk (Judith M. Zeigler, Steingold & Chovitz, P. C., Norfolk, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF, COMPTON and THOMPSON, JJ.

HARRISON, Justice.

The issue involved in this case is whether the plaintiff is entitled to invoke the tolling provision of Code § 8.01-229(E)(1), which provides, in pertinent part:

[I]f any action is commenced within the prescribed limitation period and for any cause abates or is dismissed without determining the merits, the time such action is pending shall not be computed as part of the period within which such action may be brought, and another action...

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