Gaf Corporation, a Delaware Corporation v. County School Board of Washington County, Virginia

JAMES DICKSON PHILLIPS, Circuit Judge:

On this interlocutory appeal defendant GAF Corporation challenges the district court’s determination that plaintiff School Board properly invoked the provisions of Virginia’s Unauthorized Insurers Process Act, Va.Code § 38.1-63 et seq., in serving process on defendant in this diversity action. We conclude that the Act is not applicable to GAF, reverse and remand to the district court, 478 F.Supp. 44, with instructions to quash the service of process.

I

GAF, a Delaware corporation registered to do business in Virginia, contracted with the School Board to…