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Home / Opinion Digests / Civil Practice / Civil Practice – Statute of Limitations – Federal Question Jurisdiction – State Court Action – Voluntary Dismissal Without Prejudice – Savings Provision – Inapplicable (access required)

Civil Practice – Statute of Limitations – Federal Question Jurisdiction – State Court Action – Voluntary Dismissal Without Prejudice – Savings Provision – Inapplicable (access required)

United 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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