Civil Practice – Statute of Limitations – Federal Question Jurisdiction – State Court Action – Voluntary Dismissal Without Prejudice – Savings Provision – InapplicableUnited States ex rel. Martin Marietta Materials, Inc. v. DTC Engineers & Constructors, LLC Since the plaintiff-supplier’s claim against the defendant-contractor is under the Miller Act – a federal statute with its own statute of limitations – plaintiff’s voluntary dismissal of its state court action pursuant to N.C. R. Civ. P. 41(a) did not give plaintiff an extra year to file suit in federal court.
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Published: June 28, 2012
Time posted: 4:49 pm
Tags: Civil Practice, Federal-Question Jurisdiction, Inapplicable, Savings Provision, State Court Action, Statute of Limitations, Voluntary Dismissal Without Prejudice