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CLARK v. VELSICOL CHEMICAL CORP.

No. 925SC238.

431 S.E.2d 227 (1993)

110 N.C. App. 803

Kenneth R. CLARK, Plaintiff Appellant, v. VELSICOL CHEMICAL CORPORATION and Forshaw Chemical, Inc., Defendant Appellees.

Court of Appeals of North Carolina.

July 6, 1993.

Attorney(s) appearing for the Case

Shipman & Lea, by Gary K. Shipman and Jennifer L. Umbaugh, Wilmington, for plaintiff appellant.

Maupin Taylor Ellis & Adams, P.A., by Mark S. Thomas, Raleigh, and Spriggs & Hollingsworth, by Joe G. Hollingsworth, Katharine R. Latimer, and Barbara A Milnamow, Washington, DC, for defendant appellee Velsicol Chemical Corporation.

Murchison, Guthrie, Davis & Henderson, by Dennis L. Guthrie, Charlotte, for defendant appellee Forshaw Chemical, Inc.

ARNOLD, Chief Judge.

Plaintiff presents two issues. First, does commencing an action in federal court toll our statute of limitations and keep it tolled until the United States Supreme Court rules on a petition for certiorari to review an involuntary dismissal of that federal action. Next, does the savings provision of N.C.R.Civ.P. 41(b) apply to allow plaintiff an additional year to file in state court when the federal court order dismissing his action does not specify...

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