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BLINN v. FLORIDA DEPT., OF TRANSPORTATION

No. 1D99-3671.

781 So.2d 1103 (2000)

Anna T. BLINN, Appellant, v. FLORIDA DEPARTMENT OF TRANSPORTATION and Sverdrup Corporation, Appellees.

District Court of Appeal of Florida, First District.

Opinion Denying Rehearing February 28, 2001.

Attorney(s) appearing for the Case

T.A. Delegal III of Delegal Law Offices, P.A., Jacksonville, for Appellant.

Robert A. Butterworth, Attorney General; Pamela Lutton-Shields, Assistant Attorney General, Tallahassee, for Appellee, Florida Department of Transportation.

Scott S. Cairns and Patricia D. Barksdale of McGuire, Woods, Battle & Boothe, LLP, Jacksonville, for Appellee, Sverdrup.

BROWNING, J.

This appeal involves an age discrimination claim initially filed in federal court, then voluntarily dismissed, and refiled in state court. The issue for our determination is whether the federal supplemental jurisdiction statute, 28 United States Code section 1367(d),1 tolls a state statute of limitations when the federal action terminates because the plaintiff voluntarily dismisses the case, intending to refile the same claims...

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