Burke B. Carter, Plaintiff-appellant, v. Doris Jeanne Puryear; Norfolk and Western Railway Company;airline and Steamship Clerks; Freighthandlers;express and Station Employees,defendants-appellees, 840 F.2d 10 (4th Cir. 1988)
Annotate this CaseBurke B. Carter, appellant pro se.
Gary Elton Tegenkamp, Fox, Wooten & Hart, PC; William Fain Rutherford, Jr., William Beverly Poff, Woods, Rogers & Hazlegrove; Mitchell M. Kraus, General Counsel; William Jay Birney, Highsaw & Mahoney, PC, for appellees.
Before WIDENER, K.K. HALL, and SPROUSE, Circuit Judges.
PER CURIAM:
A review of the record and the district court's opinion discloses that this appeal from that court's order denying relief is without merit.* Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument and affirm the judgment below on the reasoning of the district court. Carter v. Puryear, C/A No. 85-0988 (W.D. Va. Jan. 5, 1987).
AFFIRMED.
When an action is dismissed for noncompliance with the statute of limitations, within that jurisdiction, the judgment is res judicata. The judgment bars a second action on the same cause regardless of whether the statute of limitations in question creates the right or bars only the remedy. Davis v. Mills, 194 U.S. 451 (1904); 1B J. Moore, J. Lucas & T. Currier, Moore's Federal Practice, p 0.409 (2d ed. 1984)
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