District Court, E.D. Virginia October 28, 1952, Civ. A. 1421 (Popp v. Archbell)

BRYAN, District Judge.

Before the institution of this action the plaintiff had taken a voluntary non-suit in an action commenced by him in a State court of Virginia against the present defendant upon ' the same claim, and the defendant now moves to dismiss, contending that the action is not maintainable in this court, .