Mid-Atlantic Telecom, Inc. v. Long Distance Services, Inc.

By Judge Michael P. McWeeny

This matter is before the Court on Defendant’s Demurrer to the Motion for Judgment and Plea in Bar to the Statute of Limitations. After hearing oral argument, the Court took the case under advisement. The Court has now had the opportunity to review the briefs submitted and the authorities cited. For the reasons set forth below, the Demurrer is sustained and the Plea in Bar is granted in part and denied in part.

I. Demurrer

A demurrer tests whether the plaintiff’s pleading states a cause of action upon which relief can be granted. Va. Code Ann. § 8.01-273(A) (Michie…