SQUIRES

v.

RAGEN, WARDEN

Citator

Cited By

• Bomer v. Ribicoff, 304 F.2d 427 (6th Cir. 1962)
  …peal. An . action dismissed without prejudice leaves the situation the same as if the suit had never been brought. A. [*429] B. Dick Co. v. Marr, 197 F. 2d 498, 502, C.A.2nd; cert. denied, 344 U.S. 878, 73 S.Ct. 169, 97 L.Ed. 680, rehearing denied, 344 U.S. 905, 73 S.Ct. 282, 97 L.Ed. 699; Bryan v. Smith, 174 F. 2d 212, 214, C.A. 7th. In the absence of a statute to the contrary a party cannot deduct from the period of the statute of limitations the time during which the action so dismissed was pending. Hum…
• Johnson v. Ry. Express Agency, Inc., 489 F.2d 525 (6th Cir. 1973)
  …nimous court: An action dismissed without prejudice leaves the situation the same as if the suit had never been brought. A. B. Dick Co. v. Marr, 197 F. 2d 498, 502, C.A. 2nd; cert. denied, 344 U.S. 878, 73 S.Ct. 169, 97 L.Ed. 680, rehearing denied, 344 U.S. 905, 73 S.Ct. 282, 97 L.Ed. 699; Bryan v. Smith, 174 F. 2d 212, 214, C.A. 7th. In the absence of a statute to the contrary a party cannot deduct from the period of the statute of limitations the time during which the action so dismissed was pending. Hum…
• The Navajo Tribe of Indians v. The United States, 601 F.2d 536 (Ct. Cl. 1979)
  …he plaintiff chose to do so. Following the dismissal, the situation stood as if the withdrawn claims had never been filed. A. B. Dick Co. v. Marr, 197 F. 2d 498, 502 (2d Cir.), cert. denied, 344 U.S. 878, 73 S.Ct. 169, 97 L.Ed. 680 rehearing denied, 344 U.S. 905 (1952); Maryland Cas. Co. v. Latham, 41 F. 2d 312 (5th Cir. 1930). For purposes of the statute of limitations, the claims contained in the second amended petition were “presented” for the first time in 1975, and the Commission lacked jurisdiction to…