failed to apply the applicable state statute of limitations. 41 435 Fad 527 (4th Cir. 1970), een. denied 402 US. 932 (1971). 42 See Note, 71 Cowes. L. Rsv. 865, 874-75 (1971). EFTA00615322 1972] COMMENTS 325 However, the Atkins court was faced with 1) an unusual factual situation that clearly crie