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YARBER v. ALLSTATE INS. CO.

No. 81-1386.

674 F.2d 232 (1982)

Regina YARBER, Phyllis Oram, Joyce E. Williams, Frances Seamon, Appellees, v. ALLSTATE INSURANCE COMPANY, Physical Measurements, Inc., Appellants. and Robert Borden Miller, Jr., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided March 19, 1982.

Attorney(s) appearing for the Case

Fred C. Alexander, Jr., Alexandria, Va. (Boothe, Prichard & Dudley, Alexandria, Va., Francis M. Gregory, Jr., Sutherland, Asbill & Brennan, Paul Martin Wolff, Williams & Connolly, Washington, D. C., on brief), for appellants.

Michael Mays, Fairfax, Va. (Kenneth R. Weiner, Weiner, Weiner & Weiner, P. C., Fairfax, Va., on brief), for appellees.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

Virginia law permits a plaintiff to take one voluntary nonsuit without prejudice to recommencement of the same action and, in a saving provision, gives a six-months grace period following the nonsuit within which the action may be recommenced free of the bar of any limitation period that would otherwise have run, subject only to the condition that the action be recommenced in the same state court in which the nonsuit was taken...

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