Winchester Homes, Incorporated v. Osmose Wood Preserving, Incorporated Applied Research Group, Incorporated Chesapeake Corporation

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge DONALD RUSSELL and Judge KEELEY joined.

OPINION

WIDENER, Circuit Judge:

Winchester Homes, Inc. (Winchester) appeals the district court’s dismissal of its suit against Osmose Wood Preserving Company, Inc. (Osmose), Applied Research Group, Inc. (ARGI), and Chesapeake Corporation (Chesapeake) (cumulatively, the defendants). The district court dismissed the case on the grounds that Winchester’s prior suit against the defendants in the Circuit Court of Fair-fax County, Virginia, supplied the law of the case as…